Malaysia’s Movement Control Order 3.0 – Total Lockdown – Proceedings before the Intellectual Property Corporation of Malaysia (“MyIPO”) and Proceedings before the Courts
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 the escalating number of Covid-19 positive cases in the country. All government and private offices and businesses, save for essential services, are required to close their premises during this period.
This includes MyIPO’s offices, which means that the submission of physical documents, hearings, applications for certified true copies of documents, and other matters which require the physical submission of documents or attendance cannot be done until after the end of the lockdown. Even so, the majority of trademark, patent, industrial design and copyright matters may still proceed. New applications, applications for renewal, submission of documents and a large number of forms may still be filed via MyIPO’s IP Online platform or email filing as provided for by MyIPO’s Practice Direction No. 2/2020 and SOP during the lockdown.
MyIPO is, however, aware of the challenges which may be posed by having transactions conducted online and have therefore granted certain exceptions with regard to the need to comply with deadlines. This includes allowing applicants who, due to unavoidable circumstances, are unable to file applications involving a Priority Date Claim, to file their application on the next working day on which MyIPO’s counters reopen after the lockdown.
Matters which have been fixed to be heard physically before the Courts during the lockdown have also been adjourned while online hearings and the online filing of documents may proceed. In this regard, the Chief Justice of Malaysia has issued a directive to provide exemptions with regard to, inter alia, the need to comply with time period requirements, affirmation of affidavits and the submission of original documents for proceedings conducted online during the lockdown.
As part of our Firm’s Business Continuity Plan (BCP), all our partners and lawyers are working from home and may be contacted at their respective email addresses and mobile phones.
Please feel free to contact us should you need clarification or our assistance.
Managing Partner and Head, IP
+60 12-303 2728
+60 12-914 6558
* This Alert is intended for general information of the clients of our Firm. It should not be regarded as legal professional advice. If you need advice based on specific facts, please feel free to contact us.