Legal Update

18th March 2022 The Copyright (Amendment) Act 2022 introduces amendments to the Copyright Act 1987 (“Act”) which aims to strengthen provisions relating to the enforcement of copyright, especially in the digital environment, by introducing offences involving streaming technology in line with the development of online content streaming, and to comply with standards required by, amongst […]

18th March 2022 The Patents (Amendment) Act 2022 seeks ensure that our country’s patent laws are in line with current developments on patent protection on an international level. Recognition of Micro-biological Processes as Patentable Inventions Section 13(1)(b) of the Patents Act 1983 (“Act”) has been amended to clarify that inventions relating to products on microbiological […]

22 November 2021 Judicial Management Application led by a creditor and the appointment of an Interim Judicial Manager Maybank Islamic Berhad v. Khee San Food Industries Sdn Bhd On 15.11.2021, an application was filed in the Kuala Lumpur High Court by Maybank Islamic Berhad, to place its debtor, KSFI, under judicial management pursuant to Section […]

Exclusive Jurisdiction Clause – A Rose by any other name… An exclusive jurisdiction clause sets out the parties’ agreement to submit their disputes to a particular forum or jurisdiction. This provides certainty to the parties as to the forum/jurisdiction in which their disputes may be determined, particularly where the parties are based in different jurisdictions. […]

What happens if a High Court recognises an arbitral award while another High Court sets aside the same arbitral award at the same time? This was the predicament before the Federal Court in Masenang Sdn Bhd v. Sabanilam Enterprise Sdn Bhd.[1] On 3.9.2021, the Federal Court rendered a unanimous decision in finding that even for […]

12 July 2021 The Malaysia Competition Commission’s Market Review for Selected Transportation Sectors in Malaysia: What to Expect and How it would Change the Transportation Sectors’ Way of Doing Business? On 24 June 2021, the Malaysia Competition Commission (“MyCC”) held its first public consultation session for the members of the public on the findings of […]

16 June 2021 Malaysia’s Movement Control Order 3.0 – Total Lockdown Proceedings before the Intellectual Property Corporation of Malaysia (“MyIPO”) and Proceedings before the Courts The Malaysian Government implemented a total lockdown from 1st June 2021 to 14th June 2021, and has since extended the lockdown to 28th June 2021, in an effort to control […]

It is common for us to now hear companies chanting the “ESG” mantra. But what is ESG? ESG essentially comprises the following: [E] for Environmental; [S] for Social; and [G] for Governance. Most, if not all, companies are very much familiar with the [G] component. This is particularly when laws and regulations have been passed […]

Amendments to the Industrial Relations Act 1967 The Industrial Relations (Amendment) Act 2020 (“IRA 2020”) introduced several major changes to the Industrial Relations Act 1967 (“the Act”). The main changes with regard to the Act, which came into effect on 1 January 2021, may be summarized as follows.   Referral of Dismissal Cases To The […]

Five long service employees filed their section 20 representations at the Industrial Court claiming that their retrenchment by their employer was mala fide. On 16.11.2020, the Industrial Court determined that the retrenchment was carried out in good faith after considering various factors put forth by the Company, including its financial standing, sales performance at the […]