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Legal Update

Think Again, When You Want to be Exclusive – It could be a Potential Infringement of the Competition Act 2010

Having an exclusive dealing is quite common in today’s commercial transactions. This may be done by incorporating an exclusivity clause in commercial agreements. An exclusive dealing occurs when an enterprise enters into an agreement with another to limit the latter from dealing with the first enterprise’s competitors. Whilst having an exclusive dealing may, to an […]

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Companies (Amendment) Bill 2020

In the midst of the COVID-19 pandemic, the Companies (Amendment) Bill 2020 is tipped to be tabled before Parliament in its November 2020 sitting.  The Bill is aimed at making more accessible the corporate rescue mechanisms introduced by the Companies Act, 2016 (CA 2016) namely, corporate voluntary arrangements and judicial management, as well as enhancing […]

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Temporary Measures For Reducing The Impact of Coronavirus Disease 2019 (COVID-19) Bill 2020 [“COVID-19 Bill”]

04 September 2020 The widely anticipated COVID-19 Bill finally lands in Parliament during its recent sitting and was passed by Dewan Rakyat on 25.8.2020. As its name suggests, the COVID-19 Bill contains legal measures to address the adverse impact of the ongoing pandemic on Malaysian individuals and businesses. The measures contained in the COVID-19 Bill […]

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Precedent decision by the Court of Appeal: Unsecured creditors do have the locus standi to participate in Judicial Management proceedings and oppose the making of a Judicial Management Order

Maybank Investment Bank Berhad and Malayan Banking Berhad Million Westlink Sdn. Bhd. On 21.7.2020, the Court of Appeal allowed the appeal filed by Maybank Investment Bank Berhad and Malayan Banking Berhad (the Banks), against the High Court’s decision which had dismissed the Banks’ application to intervene in a judicial management proceeding filed by their debtor. […]

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The COVID-19 pandemic – Has it had an impact on the protection and enforcement of trademarks?

1. The outbreak of the COVID-19 pandemic has caused disruptions of unprecedented proportions around the globe with lockdowns and partial movement restrictions. In Malaysia, the Movement Control Order (“MCO”) and Conditional MCO (“CMCO”) was implemented by the Malaysian Government prior to 10th June 2020. Prosecution of trademarks 2. Amongst the businesses and services required to […]

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