Enforcement of trademark law in Malaysia

Research output: Contribution to journalArticle

Abstract

Enforcement of trademark Law in Malaysia can be categorized as per Part III of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of World Trade Organization (WTO) into (i) civil procedure, (ii) criminal procedure, (iii) administrative procedure, (iv) provisional measures, and (v) border measures. Important trademark International Treaties dealing with trademark include (i) Paris Convention (ii) TRIPS (iii) Madrid Protocol. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol which provides procedure for International Trademark registration under International Bureau of World Intellectual Property Organization (WIPO). Once trademark registration is made under Madrid Protocol in one-member state, it would be protected in all member states. Important Malaysian trademark laws dealing with enforcement of trademark in Malaysia include (i) Trade Marks Act 1976 (ii) Trade Marks Regulations 1997 (iii) Intellectual Property Corporation of Malaysia Act 2002 (iv) Trade Descriptions Act 2011. This article is qualitative method of research to analyze enforcement of trademark law in Malaysia under relevant Malaysian laws as well as analysis of relevant International Treaties of trademark solemnized under WIPO and WTO. Paris Convention contains provisions on trademark and its enforcement dealing with Border Measures and TRIPS include comprehensive provisions on trademark (15-21) and enforcement of trademark (41-61) as Madrid Protocol provides procedure for International Trademark registration. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol. It is therefore recommended that Malaysian government should accede to Madrid Protocol for protection of trademarks registered in Malaysia to be protected in 98-member countries of Madrid Protocol.

Original languageEnglish
Pages (from-to)1775-1796
Number of pages22
JournalPertanika Journal of Social Sciences and Humanities
Volume26
Issue number3
Publication statusPublished - 1 Sep 2018

Fingerprint

trademark
Malaysia
intellectual property
Law
right of ownership
international agreement
act
Trademark
Enforcement
WTO
trade regulations
criminal procedure
organization
administrative procedure
qualitative method
Madrid
corporation

Keywords

  • Agreement on trade related aspects of intellectual property rights
  • Corporation of Malaysia
  • Intellectual property
  • Intellectual property
  • Madrid protocol
  • Paris convention
  • Trademark

ASJC Scopus subject areas

  • Business, Management and Accounting(all)
  • Arts and Humanities(all)
  • Social Sciences(all)
  • Economics, Econometrics and Finance(all)

Cite this

Enforcement of trademark law in Malaysia. / Mukhtar, Sohaib; Zainol, Zinatul Ashiqin; Jusoh, Sufian.

In: Pertanika Journal of Social Sciences and Humanities, Vol. 26, No. 3, 01.09.2018, p. 1775-1796.

Research output: Contribution to journalArticle

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