malaysia blog

The Wait is Over: Malaysia’s Post-Grant Patent Opposition Goes Live in Late 2025 back to blog Category:The New Opposition System Sources: Regional Round-Up: Malaysia Q3 2025 (Rajah & Tann Asia) Patent Opposition – A New Chapter in Malaysia’s Patent System (Tay & Partners) Introduction For years, the Malaysian patent community has been in a state of suspended animation regarding one critical update. While the Patents (Amendment) Act 2022 was passed years ago, the specific provisions for Post-Grant Opposition (Section 55A) were held back. The wait is finally ending. Legal updates confirm that this long-awaited mechanism is scheduled to come into full operation on December 31, 2025. Why This Changes Everything Previously, if a competitor obtained a weak patent that blocked your business, your only option was to file a lawsuit in the High Court—a process costing hundreds of thousands of Ringgit and taking years. The new Post-Grant Opposition allows “any interested person” to challenge a patent via an administrative process at the Intellectual Property Corporation of Malaysia (MyIPO) within six months of its grant publication. The New Battlefield This creates a new tactical window. Competitors will now be monitoring the IP Official Journal like hawks. If you are a patent holder, your “Grant” is no longer the finish line; it’s the start of a 6-month danger zone where your invention can be attacked on grounds of novelty or non-compliance without a judge ever seeing it. How ASEAN IPR Helps: Are you ready to use this new weapon—or defend against it? ASEAN IPR offers a “Patent Watch” service to alert you immediately when a competitor’s patent is granted, giving you the full 6-month window to prepare an opposition. Conversely, for patent owners, we conduct “stress tests” on your claims before the opposition window opens to ensure they can withstand administrative scrutiny. Other Blogs Beyond Registration: Defending Your Mark Against “Dilution” in Singapore • December 15, 2025 • singapore blog Beyond Registration: Defending Your Mark Against “Dilution” in Singapore back to blog Category:Trademark Strategy Sources: Google LLC v Green Radar (Singapore) Pte … The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure • December 15, 2025 • Philippines blog The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure back to blog Category:Anti-Counterfeiting Record Sources: NCIPR seizes record P40.99 billion … The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity • December 15, 2025 • Thailand blog The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity back to blog Category:Industrial Design Strategy Sources: Thailand’s Draft Industrial Design … Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement • December 15, 2025 • Philippines blog Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement back to blog Category:Online & E-commerce Enforcement Sources: Counterfeit haul …

The “SuperApp” Trap: High Court Rules on Using Competitor Trademarks in Apps back to blog Category:Trademark Infringement Case Study Sources: High Court finds AirAsia SuperApp’s Use of Third Party Names… (Skrine, July 2024) Introduction In a landmark decision that has sent shockwaves through the e-commerce sector, the Malaysian High Court delivered a critical judgment in 2024 regarding the AirAsia SuperApp. The case involved the platform selling flight tickets from competitors (Malaysia Airlines and Firefly) without their direct authorization, using their logos and brand names on the app interface. The Ruling: “Use” vs. “Use as a Trademark” The defendant argued that they were merely acting as an aggregator (like a travel agent) and not using the marks to confuse customers. However, the High Court rejected this, ruling that the unauthorized display of the plaintiffs’ logos constituted trademark infringement. The court emphasized that in the modern digital economy, using a competitor’s logo to drive traffic and sales on your own “SuperApp”—even if you are selling their genuine tickets—can still violate their exclusive rights if not authorized. Implications for Digital Platforms This case sets a massive precedent for marketplaces and aggregators in Malaysia. It signals that the “booking agent” defense has limits. You cannot simply scrape data and use another company’s branding to build your platform’s credibility without a commercial license. How ASEAN IPR Helps: If you run a digital platform, your UI/UX design might be a legal liability. ASEAN IPR conducts “Platform IP Audits” to ensure your use of third-party logos (partners, suppliers, or competitors) is legally compliant. We help negotiate the necessary licensing agreements to keep your app running without the risk of a High Court injunction. Other Blogs Laos Toughens Up: New IP Law Brings 60-Day Opposition Windows • December 16, 2025 • laos blog Laos Toughens Up: New IP Law Brings 60-Day Opposition Windows back to blog Category:New IP Law 2024/2025 Sources: Laos Issues Updated Law … Compulsory Licensing & New Grounds for Patent Invalidation in Vietnam • December 15, 2025 • vietnam blog Compulsory Licensing & New Grounds for Patent Invalidation in Vietnam back to blog Category:Patent Strategy Sources: Amendments to Vietnam’s IP Laws to … Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins • December 15, 2025 • vietnam blog Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins back to blog Category:The New IP Law Sources: Vietnam’s Amended IP Law Changes Requirements … Stopping Fakes at the Border: Myanmar’s New Customs Recordation Rules • December 15, 2025 • myanmar blog Stopping Fakes at the Border: Myanmar’s New Customs Recordation Rules back to blog Category:Customs Recordation Sources: Myanmar Sets Customs Recordation Rules (Tilleke …