Shearn Delamore & Co

Intellectual Property; Competition Law & Antitrust; Personal Data Protection & Privacy Laws

Partner since 2005

Indran’s practice largely involves seasoned IP litigation relating to Trademark, Copyright, Patent and Industrial Design litigation. Indran regularly appears as Lead Counsel in complex and novel cases some of which now serve as landmark IP cases which encompass cutting edge IP issues in the High Court, Court of Appeal, and the Federal Court (Apex Court). He has also been sought out to do Counsel work for both IP and civil commercial litigation matters.

Indran was the Lead Counsel in a historic landmark case [MERCK SHARP & DOHME GROUP & ANOR v. HOVID BHD [2019] 9 CLJ 1] which successfully resulted in the extremely rare occurrence of the Federal Court overturning one of its previous decisions. Given that this feat has been achieved only 6 times in Malaysia’s history since 1967, he stands as the first IP lead counsel in the first IP case before the Federal court in Malaysia to achieve this credential He has also been recognised and listed as one of the “World’s leading IP strategists”. Indran has been accorded the accolade of “Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia.” He has advised and litigated on IP issues with major industry players from a varied cross section of industries such as major renowned worldwide sporting bodies, pharmaceutical companies, automotive companies, hotels chains, restaurants and various consumer product companies on IP rights and disputes.  He continues to be actively involved in IP enforcement and anti-counterfeiting work often collaborating with government bodies.

Indran’s varied non contentious IP portfolio often sees him sought out for tailor made niche advisory services to clients which broadly include transactional work, IP registration, due diligence exercises, implementation of IP protection strategies, advisory, drafting and regulatory processes relating to various IP, IT, E-commerce, Tech and Franchise Agreements, Media Broadcasting (Advertising) and the Communication and Multimedia Act amongst others. His experience further extends to Pharmaceutical and Food Advertising, Domain Name Disputes, licensing, sponsorship, and merchandising matters. He also advises on matters relating to Personal Data Protection & Privacy Laws and on Competition Antitrust related work to compliance including the preparation of competition policy, competition dispute resolution.

English, Malay

Council Member, Asian Patents Attorneys Association of Malaysia (APAA) Member of Governing Council, Asean Legal Information Centre (Asean LIC) Member, Malaysian Bar Member, The Honourable Society of Lincoln’s Inn Member, International Bar Association (IBA) Member, International Trademarks Association (INTA) Member, Malaysian Intellectual Property Association (MIPA) Member, Pharmaceutical Trademarks Group (PTMG) Member, The Honourable Society of Lincoln’s Inn Alumni Association, Malaysia Member, University of Leicester Alumni

LL.B (Hons), University of Leicester Barrister-at-Law, Lincoln’s Inn Advocate & Solicitor, High Court of Malaya Advocate & Solicitor of the Supreme Court of the Republic of Singapore Trademark Agent and Industrial Design Agent Geographical Indications Agent

Publications:

Books • Co-edited: “Law and Practice of Intellectual Property in Malaysia” – Thomson Reuters (2025) • Author: “The Annotated Trademarks Act 2019” – Sweet & Maxwell (2021) • Author: “Trademarks Act 2019 with Overview by Indran Shanmuganathan” – Sweet & Maxwell (2020)

Articles • Co-Author: “To Split or Not To Split: Bifurcated Trials in Intellectual Property Matters” – The Law Review by Sweet & Maxwell Asia [2025] LR 79 • Co-Author: “A Primer on Fair, Reasonable and Non-Discriminatory (FRAND) Licensing” – The Law Review by Sweet & Maxwell Asia [2023] LR 277 (September 2024) • Co-Author: “The Interplay between Patents and Trade Secrets” – The Law Review by Sweet & Maxwell Asia [2023] LR 88 (April 2024) • Co-Author: “ChatGPT: The Pandora’s Box Opened?” – Legal Era Publication (October 2023) • Co-Author: “ChatGPT: The Next Step in Evolution or an Intellectual Property Minefield?” – The Law Review by Sweet & Maxwell Asia [2023] LR 133 (July 2023) • Co-Author: “Blinding Colours: Should Single Colour Trademarks Be Registrable?” – The Law Review by Sweet & Maxwell Asia [2023] LR 272 (April 2023) • Co-Author: “The Position of Trade Mark Disclaimers” – Chambers and Partners Practice Guide (February 2023) • Co-Author: “The POSITA Position – Ordinary Person or Ordinary Skill?” – Chambers and Partners Practice Guide (January, 2023) • Co-Author: “Intellectual Property Issues in the Unreal World” – Legal Era Publication (January 2023) • Co-Author: “Copyright Act 1987 – An Overview of Sections 13A and 13B” – The Law Review by Sweet & Maxwell Asia [2022] LR 350 (January 2023) • Co-Author: “The Role of Patent Specification in Claim Construction: A Comparative Overview” – The Law Review by Sweet and Maxwell Asia [2022] LR 277 (August 2022) • Co-Author: “A Crumbs Up from the Federal Court: Munchy Food Industries Sdn Bhd v Huasin Food Industries Sdn Bhd [2021] 8 AMR 405; [2022] 1 MLJ 377” – The Law Review, Volume 1 (2022) • Co-Author: “Copyright and the Non-Fungible Tokens (NFTs)” – Legal Era Publication (March 2022) • Co-Author: “Biscuits Bi’te Back!!!” – Legal Era Publication (January 2022) • Co-Author: “Viability of Celebrity Endorsement Restored” – INTA Publication (August 2021) • Co-Author “Dependent Claims Fully Restored (Merck Part 2)” – Legal Era Publication (November 2021) • Co-Author: “Shaping Up Trademark Laws A Good Sign?”– Legal Era Publication (August 2021) • Co-Author: “The Rise and Fall of SKB Shutters Case: A Brief Look at the Recent Federal Court Case of Merck Sharp & Dohme Corp v Hovid Berhad” – Legal Era Publication (November 2019) • Co-Author: “Malaysia: Does the new Trademarks Act 2019 advantage plaintiffs?”– Managing IP (November 2019) • Co-Author: “Merck Finally Shuts the Door of SKB Shutters” – Managing IP-IP Stars (October 2019). • Co-Author: “Malaysia – Dorpan, S.L. and Melia Hotels International, S.A. v Nusajaya Rise Sdn Bhd [Johor Bahru Civil Suit No.: JA-22IP-05-09/2017]” – Conventus Law (March 2019) • Co-author: “John Ambulans Malaysia v PJ Uniform Sdn. Bhd. (SAHC 22NCvC-148-02/2013) Civil Appeal No. B-02(NCVC)(W)-2188-11/2016)” – Asia IP (January 2019) • Author: “In Ratio & Obiter: Lessons from Liwayway Marketing Corporation v. Oishi Public Company Limited” – Asia IP (June 2017) • Author: “Automobile Component Parts: Registrable Design or Not?” – Asia IP (October 2015) • Author: “Are Cancellation Actions still a viable option?”– Asia IP (2013) • Author: “Registered User Conundrum” – Managing IP (July 2013) • Co-author: “When Fame is Not Enough” – Managing IP (April 2010) • Co-author: “Use it or Lose it” – Managing IP (December 2009) • Author: “To Cancel or Not to Cancel?” – Asia IP Focus (October 2009) • Author: “The Territoriality of Goodwill: The Way Forward in Claims in Passing-off” – Asia IP (2009). • Author: “Internet Piracy-Copyright Infringement and Adequacy of Malaysian Law” – The Malaysian Accountant (June 2007)

Other Publications • Co-author: “Trademark Litigation Handbook” – Thomson Reuters (2013, 2017 and 2022) • Contributor: “The Legal 500: Patent Litigation Country Comparative Guide (Malaysia)” – Legal 500 (2024)