Malaysian Chapter in The Intellectual Property Review, 10th Edition  

June, 2021 - Karen Abraham

Dear valued clients, colleagues and friends,

Our Head of the Intellectual Property Practice Group, Karen Abraham, has authored the Malaysian chapter of The Intellectual Property Review, 10th Edition published by The Law Reviews. The chapter provides a summary and overview of the types of intellectual property coverage available in Malaysia, together with updates of recent legal developments.

1. FORMS OF INTELLECTUAL PROPERTY PROTECTION
  • Patents
  • Utility innovations
  • Copyright
  • Trademarks
  • Industrial design
  • Geographical indication
  • Integrated circuit layout designs
  • International treaties

2. RECENT DEVELOPMENTS
  • Patents
  • Trademarks
  • Industrial designs

3. OBTAINING PROTECTION
  • Patents
  • Trademarks
  • Copyright

4. ENFORCEMENT OF RIGHTS
  • Possible venues for enforcement
  • Requirements for jurisdiction and venue
  • Obtaining relevant evidence of infringement and discovery
  • Trial decision-maker
  • Structure of the trial
  • Infringement
  • Defences
  • Time to first-level decision
  • Remedies
  • Appellate review
  • Alternatives to litigation

5. TRENDS AND OUTLOOK

To read more, please click here.

Karen Abraham is a partner and the head of the intellectual property department of Messrs Shearn Delamore & Co. Her practice covers all areas of intellectual property, technology, media and telecommunications, data protection and competition law. She has more than 30 years of litigation experience in intellectual property, appearing in the apex courts in Malaysia. She focuses her practice on enforcement of intellectual property in the courts and in the public domain, including crafting anti-piracy and anti-counterfeiting programmes for leading companies in the global market, as well as crafting innovative strategies for global and local IP brands. Abraham is the first woman in Malaysia to hold a position as board member of the International Trademark Association (INTA) and is the first Malaysian to sit on the Bureau of the International Association for the Protection of Intellectual Property (AIPPI). As of June 2020, Abraham has been appointed as an accredited member and representative neutral of the Federation of Integrated Conflict Management. She also sits as council member of ASEAN IP Association (AIPA) and in 2021, she was appointed the Asia Pacific Regional Forum liaison officer, IBA Intellectual Property and Entertainment Law Committee. Abraham is currently one of the heads of the AIPPI Traditional Knowledge/ Traditional Cultural Expression.


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