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INTELLECTUAL
PROPERTY

Disputes and Litigations

Intellectual property disputes can encompass a wide spectrum of issues, from copyright infringements to trademark conflicts, and patent disagreements to trade secret violations. When disagreements arise, the legal system in Malaysia provides a structured framework for resolution through litigation.

In this exploration, we delve into the realm of intellectual property disputes and litigation within the Malaysian context.

Intellectual
Property

Disputes and Litigations

Intellectual property disputes can encompass a wide spectrum of issues, from copyright infringements to trademark conflicts, and patent disagreements to trade secret violations. When disagreements arise, the legal system in Malaysia provides a structured framework for resolution through litigation.

In this exploration, we delve into the realm of intellectual property disputes and litigation within the Malaysian context.

Legal Agreements For Intellectual Property

In Malaysia, the management and transfer of intellectual property rights, such as patents, trademarks, copyrights, and industrial designs, are governed by various laws and regulations. The key concepts relating to franchising, licensing, assignment, and transmission of intellectual property in Malaysia are as follows:-

Franchising

Franchising in Malaysia involves granting a franchisee the right to operate a business using the franchisor’s brand, business model, and intellectual property.
Franchising agreements typically specify the terms, conditions, and fees associated with using the franchisor’s intellectual property.
The Franchise Act 1998 and its regulations regulate franchising in Malaysia, requiring franchisors to register their franchise business with the Registrar of Franchise.
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Licensing

Licensing allows one party (licensor) to grant another party (licensee) the right to use specific intellectual property under agreed-upon terms and conditions.
Licensing agreements in Malaysia must be in writing and may cover various forms of intellectual property, including patents, trademarks, copyrights, and industrial designs.
Licensing agreements often specify the scope of the license, duration, royalties, and any restrictions on use.
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Our personalized approach to licensing ensures that your intellectual property is strategically and profitably leveraged in the Malaysian market. With a profound understanding of both local and global intellectual property dynamics, we tailor licensing agreements that not only safeguard your rights but also empower local businesses to thrive by utilizing your unique expertise.

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Assignment

Assignment involves the complete transfer of ownership of intellectual property rights from one party to another. In Malaysia, assignment of intellectual property rights typically requires a written agreement.
Once an assignment is complete, the assignor (original owner) relinquishes all rights to the intellectual property, and the assignee (new owner) assumes full ownership and control.
Assignments of certain types of intellectual property, like trademarks, may need to be recorded with the Malaysian Intellectual Property Office (MyIPO) for legal effect.
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Our approach to intellectual property assignment is distinguished by its meticulous attention to detail and thorough understanding of Malaysian legal intricacies. We guide you through every aspect of the assignment process, ensuring that your rights are securely transferred while protecting your interests.

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Transmission

Transmission refers to the transfer of intellectual property rights through inheritance or succession when the owner passes away.
When an intellectual property owner passes away, their rights may be transmitted to heirs or designated beneficiaries.
Transmissions of intellectual property rights often require legal documentation and registration with MyIPO to ensure proper succession.
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