Our practice in intellectual property (IP) covers non-contentious and contentious matters.
- Non-contentious IP matters include advisory on protection of IPRS, registration of any registrable intellectual property rights (“IPRS”), IP Portfolio and Restructuring, IP Due Diligence, IP Commercialisation (See Franchising and Licensing).
- Contentious IP matters involve dispute resolution, court action or quasi administrative action.
Area of Intellectual Property Rights
We handle numerous aspects or areas of IPRS or any related rights in connection with the same, which includes the followings:-
- Trade Mark
- Industrial Design
- Geographical Indication
- Integrated Circuits
- Plant Varieties
- Trade Secret and Confidential Information
- Common Law Passing Off, in respect of non-registered trade mark, trade name, trade dress or get-ups.
- Commercialisation IPRS (See Franchising and Licensing)
NON-CONTENTIOUS IP MATTERS
Malaysia Registration of Intellectual Property Rights
Our Mr Isaac Lee is a registered trade mark, patent and industrial design agent in Malaysia.
Our IP Team assists local and foreign clients in filing application, prosecution of application for registration (including overcoming objections, oppositions or adverse reports), renewal, assignment, recordal of user or licensing, recordal of change proprietor’s details, of registrable intellectual property rights such as trade mark, patent, industrial design, copyrights, geographical indication and integrated circuits, at the Malaysian Intellectual Property Office (MYIPO) in Malaysia.
International Registration of Intellectual Property Rights
Our Mr Isaac Lee has more than 14 years of working history and experience with foreign law firms and foreign IP agents, and has thus built a very close and trusted working relationship with our foreign counterparts.
Our IP team assist our clients in filing international application in foreign countries or at regional intellectual property offices (for example, EUIPO, EPO, ARIPO, OAPI etc) to obtain protection of their IPRS, where such registrations are available. We have work of foreign lawyers and agents in all 5 continents in the world in Europe, Asia, Africa, America, and, Australia and Oceania, leaving out only Antarctica continent which we have not covered. More interestingly, our IP work has brought us to working with foreign agents in the lesser heard of places to general businesses in Malaysia such as Madagascar, Mongolia, or Saint Vincent and the Grenadines.
IP Protection Advisory, IP Portfolio and Restructuring, IP Due Diligence
We offer IP Protection Advisory work for start-ups, new businesses or company, or new business ventures, or on-going business.
Our IP Protection Advisory work typically includes IP Portfolio protection work where we conduct due diligence to identify, examine and assess the IPRS in a company or its group of companies or a business ventures, and advise on how to protect those IPRS.
We also conduct IP restructuring, which includes unravelling historical development to discover the authorship, creation, use, licensing or assignment, joint-ownership or multiple ownership of IPRS and to restructure and centralise ownership and control of IPRS.
Through the abovementioned processes, we empower IP protection, control and ownership in an institution or a group of companies or business ventures.
Commercialisation of IP
We handle commercialisation of IP through franchise and licensing. (Please see Franchise and Licensing separately.)
We handle dispute resolution at civil courts relating to statutory infringement or civil breach of IPRS. Some legal proceedings include those related to quasi administrative action (eg, seizure of infringing goods) in which case the governmental department or agencies under Ministry of Domestic Trade and Consumer Affairs are involved. In taking legal action for our aggrieved client, we assist to obtain the most desired or necessary legal reliefs, for example, damages (monetary compensation), or injunctions, or anton pillar order to avoid destroying of evidence etc.
Apart from prosecution of action or defending, we also focus on negotiation and settlement.
Separately, we have clients who encountered employees or officers committing misconduct of breaching duty of confidentiality. We had assisted our client who are foreign associated entity based in Malaysia in taking action and removal of directors and managers who has committed the misconduct of breach of duty of confidentiality and wrongful use or disclosure of trade secrets.
FRANCHISING AND LICENSING
We advise and handle ventures on commercialisation of intellectual property rights in numerous industries through the business model of franchising and licensing. Our work includes: –
- Advising on adoption and transition of business operation to licensing or franchising
- Preparation and drafting of franchise or licence agreement
- Acting for foreign franchisor, master franchisee, area development franchisee or franchisee
- Compliance with Franchise Act 1998
- Attending to registration of franchise or numerous applications under Franchise Act 1998
- Licensing of technology and know how
We have attended to franchising and licensing in relation to the following industries and business: –
- Food and beverages (eg fast food chain, desserts, beverages, ice cream)
- FMCG (health and organic consumables)
- Fashion and sportswear
- Education and learning (including early childhood and kindergarten)
- Health and Wellness
- Pet and Pets Supply industry
Contact: Isaac Lee (firstname.lastname@example.org)