Can a person sue for copyright infringement of an alleged work (or part of it) that has been registered as an industrial design?
Author: Rachel Chong Jia Wei
Disputes In A World Of Consumerism: Tribunal For Consumer Claims
In this article, let’s discuss the other side of consumerism where consumers are equipped with the knowledge of their rights and seek to protect themselves from unscrupulous suppliers or manufacturers.
Small Claims: No Lawyers Needed!
The small claims procedure is put into place to allow direct access to justice for simple and straightforward disputes. Of course, there is nothing in law which forbids individuals from being a litigant in person, even for claims exceeding RM5,000.00. However, facing an opponent in court with an army of lawyers is no easy feat.
The Landlord’s Guide to Distress Actions
Distress action is an efficient and quicker option to recover rental arrears, since it is merely procedural and could be done without the involvement of the tenant.
Distributing Small Estates (Small Estates Distribution Act 1955)
Discussions about death are generally seen as taboo even though it is an inescapable reality of life. Some people hold on to the superstition that talking about death or the distribution of their estate will somehow accelerate their demise. Then, there are some parents or grandparents who felt that they would be kicked out of the house into an old folk care centre if they had a will drafted. This mindset has resulted in many intestacies, where one dies without a will.
Trademarks Act 2019: Into the New Age of Brand Protection
Malaysia’s accession to Madrid Protocol had been in the talks for years until it finally became a reality on 27.12.2019 with the Trademarks Act 2019 coming into force.
JID vs. Arbitration Clause
This article is to discuss the clash between judgment in default of appearance (“JID”) and the existence of an arbitration clause which happened in Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd and another appeal [2020] MLJU 232 (“Tindak Murni”).
JID: Surrendering in Absence
Mindy is a generous businesswoman who gives out friendly loans to her friends when they are plagued with financial troubles. Unfortunately, her business dwindled due to the economic downturn and needed cash flow. She pleaded from her friends to pay back the loan she extended to them. All but one debtor, Nick, repaid Mindy, but…
Turquand’s Rule in Malaysia
Every company law student will stumble upon “Turquand’s rule” in the course of their studies. This rule originated from the case of Royal British Bank v Turquand [1843-60] All ER Rep 435, where the Defendant intended to evade the liability of a £2,000 bond by pleading that there had been no resolution authorizing the making…
Third Party Proceedings: When Is It Too Late?
A defendant can bring third party proceedings against a third party to claim contribution, indemnity or any relief or remedy which is substantially the same as claimed by the plaintiff. Further, a defendant may take third party proceedings to determine any question or issue related to the original subject matter of the claim.