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Law of Trade Marks and Passing Off in Malaysia (eBook)
Author:
Doris Chia
This book provides readers with a comprehensive view of the legislative provisions and principles for the registration, maintenance and enforcement of trade marks as well as the general principles related to the common law action for passing off.
Published: 02 April, 2021
Publisher: LexisNexis
This book provides readers with a comprehensive view of the legislative provisions and principles for the registration, maintenance and enforcement of trade marks as well as the general principles related to the common law action for passing off. In view of the recently enacted Trademarks Act 2019, the author has drawn on his years of experience to provide extensive commentary on the general principles and practice of trade mark law in Malaysia, as well as an in-depth treatment of the principles of passing off. Whilst the law related to trade mark matters is now governed by the new Act, the saving provisions of the same provide that the Trade Marks Act 1976 still applies to certain trade mark applications. To address this, the book also contains several chapters that address the provisions and developments of case laws under the 1976 Act. More importantly, the author has attempted to elucidate the important provisions of the newly enacted Trademarks Act 2019 by drawing upon numerous case laws which explained the analogous provisions found in the trade mark legislation of the United Kingdom, European Union and Singapore.
THE LAW OF TRADE MARKS AND PASSING OFF IN MALAYSIA CONTENTS
PART 1: HISTORICAL BACKGROUND AND GENERAL CONCEPTS
CHAPTER 1. Historical Background and Basic Concepts
CHAPTER 2. Use of a Trade Mark
CHAPTER 3. Administration of Trade Mark Registration and Related Matters
PART2: THE OLD LAW
CHAPTER 4. Registrable Trade Marks under the Repealed Act
CHAPTER 5. Prohibitions on Registration under the Repealed Act
CHAPTER 6. Dealing with the Registrar’s Objections under the
Repealed Act
CHAPTER 7. Comparison of Trade Marks Under the Old Law
CHAPTER 8. Rectification of Register under the Repealed Act
CHAPTER 9. Infringement of Trade Mark under the Repealed Act
CHAPTER 10. Quasi-Criminal Sanctions under the Unamended Trade Descriptions Act 2011
PART 3: THE NEW LAW
CHAPTER 11: What is a Trade Mark
CHPATER 12: Collective and Certification Marks
CHAPTER 13: Well-known Trade Marks
CHAPTER 14: Registration Procedure and Practice under the New Act
CHAPTER 15: The Madrid Protocol
CHAPTER 16: Absolute Grounds for Refusal of Registration
CHAPTER 17: Relative Grounds for Refusal of Registration
CHAPTER 18: Revocation, Invalidation, Correction and Cancellation
CHAPTER 19: Dealings in Registered Trade Marks
CHAPTER 20: Infringement of Trade Marks under the New Act
CHAPTER 21: Defences to Infringement of Trade Mark under the New Act
CHAPTER 22: Action and Remedies for Infringement of Trade Mark under the New Act
CHAPTER 23: Groundless Threats
CHAPTER 24: Offences and Criminal Sanctions under the New Act
PART 4: PASSING OFF
CHAPTER 25: The Action for Passing Off
PART 5: INTERNET AND DOMAIN NAME
CHAPTER 26: Internet and Domain Name