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Shearn Delamore & Co.

Zaraihan Shaari

Zaraihan Shaari

Partner

Expertise

  • Intellectual Property

WSG Practice Industries

Activity

WSG Leadership

Patent Law Workshop Group
Member
Profile
Zaraihan's practice covers a range of Intellectual Property (IP) related matters, with patents constituting one of the major parts of her practice. She drafts patent specifications; advises on patent searches; handles patent prosecution & registration; advises on patent validity and infringement; and also represents clients in patent litigation. She has worked extensively with the following industries: Pharmaceuticals; Life Sciences and Biotechnology; Chemicals, Pesticides, Herbicides; Cosmetics; Food Supplements; and Medical Devices. She also assists clients from the above industries in regulatory matters. She further advises on legislations governing the life sciences & biotechnology, and on obtaining non-patent IP protection such as that under the Protection of New Plant Varieties Act. She also advises on and drafts agreements relating to Research and Development, and Licensing and Technology Transfers. Zaraihan also has had a number of years of experience in advising on Industrial Designs protection.

Bar Admissions

● England & Wales (1994)
● Malaysia (1996)

Education

● LL.B (Hons), University of London
● B.Sc (Hons) in Biochemistry, University of London
● M.Sc in Medical Science (Biochemistry), National University of Malaysia (UKM)
● Barrister-at-Law, Lincoln's Inn
● Advocate & Solicitor, High Court of Malaya
● Registered Patent Agent and Registered Industrial Design Agent
● A practicing biochemist before entering the legal profession
Areas of Practice

Healthcare & Life Sciences | Intellectual Property

Professional Career

Significant Accomplishments

● The Legal 500 Asia-Pacific (2014 and 2020) - “Recommended Lawyer” in Intellectual Property
● IAM Patent 1000 (2019) - Ranked Individual for Prosecutions
● Expert Guides (2020) - “Leading Practitioner” in Life Sciences and Women in Business Law

Professional Associations

● Member, Malaysian Bar
● Member of Healthcare and Life Sciences Law Committee, International Bar Association (IBA)
● Member (International), International Association for the Protection of Intellectual Property (AIPPI) (Malaysian Chapter)
● Representative of Shearn Delamore (Member), Asian Patent Attorneys Association (APAA)
● Member, Malaysian Intellectual Property Association (MIPA)
● Associate Member, Malaysian Association of Clinical Biochemists
● Member of Editorial Board of "The Life Sciences Lawyer" magazine (CTC Legal Media)


Professional Activities and Experience

● [2011] 1 LNS16; [2012] 9 CLJ 79

► Counsels from Shearn Delamore: SF Wong, Zaraihan Shaari & Michelle Loi

♦ Successfully represented E.I Du Pont Nemours And Company (“Du Pont”) in the Malaysian High Court and in the Court of Appeal in a patent invalidation suit commenced by Ranbaxy (Malaysia) Sdn Bhd (“Ranbaxy”) against Du Pont’s Malaysian patent relating to an active pharmaceutical ingredient for treating hypertension and congestive heart failure. Du Pont counter claimed for infringement of its patent by Ranbaxy. The validity of Du Pont’s patent was successfully defended, and infringement of the patent was established.

● [2012] 1 LNS 1083

► Counsels from Shearn Delamore: SF Wong, Zaraihan Shaari & Michelle Loi

♦ Successfully represented Novartis AG (“Novartis”) in the Malaysian High Court in a patent invalidation suit commenced by Ranbaxy (Malaysia) Sdn Bhd (“Ranbaxy”) against Novartis’s Malaysian patent relating to a solid oral dosage form of an active pharmaceutical ingredient for treating hypertension. The validity of Novartis’s patent was successfully defended.

• [2019] 9 CLJ 1

► Counsels from Shearn Delamore: Indran Shanmuganathan, Zaraihan Shaari, Michelle Loi, Yap Khai Jian & Elisia Engku Kangon

♦ Successfully represented Merck Sharp & Dohme Group (“Merck”) in the Malaysian Federal Court in a patent infringement suit commenced by Merck against Hovid Bhd (“Hovid”) and in which Hovid counterclaimed for a declaration that Merck’s patent is invalid. The patent relates to a dosage regime for a drug in the treatment of osteoporosis. At the High Court, the patent’s only independent claim was held to be invalid. The High Court, in being bound by a previous decision of the Federal Court, also held that all the claims dependent on said independent claim are consequentially invalid, without the need for the Court to consider separately the validity of each dependent claim. An appeal was made to the Court of Appeal and finally to the Federal Court. The Federal Court, in Merck’s favour, departed from its previous decision and held that when an independent claim is held invalid, the claims dependent on said independent claim are not to be automatically held invalid. The case was thus remitted to the High Court to determine whether each of the said dependent claims possessed independent validity. This is a landmark decision as patentees can now file patents in Malaysia without the fear that the dependent claims will be automatically invalidated merely upon the invalidation of the independent claim.


● Advising on patentability, drafting of patent specifications, and handling prosecution of patent applications of pharmaceutical inventions for Institute for Medical Research, Ministry of Health Malaysia.

● Advising on patentability, drafting of patent specifications, and handling prosecution of biotech inventions for Malaysian Palm Oil Board.

Articles

Shearn Delamore & Co Legal Update February 2021 (Financial Services, Intellectual Property, Tax & Revenue)
Shearn Delamore & Co., March 2021

FINANCIAL SERVICES BNM announces new funds for SMEs On 5 February 2021, Bank Negara Malaysia ("BNM") announced: an additional RM2 billion for the Targeted Relief and Recovery Facility (“TRRF”); the establishment of a RM200 million Disaster Relief Facility (“DRF”) 2021.   TRRF The TRRF was a facility announced in the Budget 2021, established to assist eligible SMEs in the services sector...

Shearn Delamore & Co. Legal Update February 2021
Shearn Delamore & Co., February 2021

DISPUTE RESOLUTIONWide order of injunction sought against online marketplace operator refused in the High CourtE-commerce has become an indispensable part of the country’s economy particularly with the Covid-19 pandemic. With its growing demand come legal challenges which are novel to Malaysia.Recently, our Dispute Resolution Partners K...

Shearn Delamore & Co. Legal Update September 2020 (Intellectual Property)
Shearn Delamore & Co., October 2020

Compounding of Offences under the Malaysian Trademarks Act 2019 and RegulationsSection 136 (2) of the Trademarks Act 2019 (“Act”) grants the Controller with the power to compound offences under the Act. In essence, compounding means payment as a settlement in lieu of prosecution of an offence.Further, section 136 (1) of the Act empowers the Minister to make regulations pertaining to compounding with the approval of the Public Prosecutor...

Additional Articles

Articles & Publications:

• “Malaysia: Analysing the relationship [ between plants and intellectual property issues”: Managing Intellectual Property Asia-Pacific September 2019 (Co-Author)
• International Patent Litigation: A Country-By-Country Analysis, 2016 & 2017: Malaysia Chapter, Bloomberg BBNA (Co-Author)
• “How to secure new plant variety protection”, Managing Intellectual Property, IP Focus 2009 Asia-Pacific & Middle East 7th Edition
• “Boosting biotechnology in Malaysia”, Managing Intellectual Property, June 2004 Issue 140
• “Patentability in Malaysia of inventions involving embryonic stem cells”, Asian Counsel, 2 Issue 4 May 2004
• “Racial Differences in the Fasting Lipid Profile of Healthy Malaysians,” Medical Journal of Malaysia, 1994 Dec; 49(4): 355-63
• “Effect of Acebutolol and Atenolol on Lipid Profiles in Mild and Moderate Hypertensive Patients,” UKM Medical Journal July 1992, 14(2): 135-141. (Co-Author)
• Proceedings of 9th ASEAN Congress of Cardiology 1992, Kuala Lumpur, 3 to 7 July 1992


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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