CIPAA 2012 – Key Insights for the Contractors
Introduction In the construction industry, cash flow is king. The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into force on 15 April 2014 with its main objective to resolve payment dispute and improve the contractors’ cash flow by providing a speedy, timely and cost-effective dispute resolution mechanism through adjudication.
What ESG Means for SMEs – How It Supports Business and Growth
Introduction In Malaysia’s evolving business landscape, environmental, social and governance (“ESG”) is gradually attaining more traction, and it is no longer a mere buzzword. While there is no universal definition of ESG, ESG is generally understood as a framework to measure sustainability, ethical impact and governance.
Will This Amount Make Good The Loss In Goodwill
Introduction In trademark litigation, where a claimant elects not to pursue an account of profits, the usual course is to seek an inquiry into damages, aimed at compensating the claimant for the actual loss suffered as a result of the defendant’s acts of infringement and/or passing off. These damages typically fall under two principal heads: …
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The ABCs of Position Marks
Introduction The Trademarks Act 2019 (“TMA 2019”) came into force in Malaysia on 27 December 2019, repealing the Trade Marks Act 1976. TMA 2019 aligns Malaysia with advanced jurisdictions and supports the country’s efforts in fostering the Madrid Protocol, an international system for trademark registration to which Malaysia became a member on 27 December 2019.
Navigating Partial Revocation of Trademarks: Lessons from Transferwise Ltd v Public Bank Berhad
Introduction The recent Court of Appeal decision in Transferwise Ltd v Public Bank Bhd offers valuable insights into Malaysian trademark law, particularly the application of partial revocation of registered trademarks due to non-use under Section 46(1) (read with Section 46(4)) of the Trademarks Act 2019 (“Act”). This case underscores the importance of genuine trademark use …
Equitable Remedy of Account
Introduction Have you ever faced a situation where your company funds seemed to vanish unexpectedly, only to discover that the loss was tied to the actions of a former director who was in charge of the operation of the company and has since resigned? You were left in the dark, with no clarity on what …
Bridging Borders: The Johor-Singapore Special Economic Zone (JS-SEZ) and its Transformative Impact on Regional Growth
Introduction Special Economic Zones (“SEZs”) are designated areas within a country that offer a more favourable regulatory framework to encourage both local and international investment. Over the decades, SEZs have played a crucial role in driving economic growth, attracting foreign direct investment, and fostering industrial development. These zones typically provide investment-friendly incentives, such as tax …
ESG Legal Framework in Malaysia: What Companies Need to Know
Introduction In today’s business landscape, it is no longer possible to ignore the role Environmental, Social, and Governance (“ESG”) principles play in businesses.
Countdown to Compliance Personal Data Protection (Amendment) Act 2024 in Force Starting 1 January 2025
Introduction The Personal Data Protection (Amendment) Act 2024 (“Amendment Act”), which represents the first legislative update to the Personal Data Protection Act 2010 (“PDPA”) since it became effective on 15 November 2013,
The Unsettling Law On Housing Liquidated Ascertained Damages (LAD) After Ang Ming Lee Has Finally Been Resolved
Introduction In November 2019, when Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281 (“Ang Ming Lee”) was first delivered by the apex court, the decision caused ripples in the housing industry.