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Malaysia Legal Articles

Law related articles writen by lawyers
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You're Fired: Unfair Dismissal in Malaysia

  October 28, 2014     By Donovan & Ho
An oft-repeated business mantra is “be slow to hire and quick to fire”. Unfortunately, what many managers do not realise is that a “quick to fire” approach also carries significant risks, especially in Malaysia, which does not adopt the principle of “at-will” employment. Trigger happy employers may soon find themselves at the wrong end of a lawsuit if they don’t take the appropriate steps and precautions prior to making the decision to terminate an employee.

Sick and Tired: Sick Leave in Malaysia

  August 20, 2014     By Donovan & Ho
Abuse of sick leave entitlements is not a new issue in Malaysia. Employers and employees alike should ensure they are fully educated on the laws surrounding sick leave entitlements.

Up Close and Personal: The Malaysian Personal Data Protection Act

  August 20, 2014     By Donovan & Ho
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.

When Should Blog or Forum Posts Create Liability for Defamation?

  August 12, 2014     By Brijnandan Singh Bhar & Co
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.

Can You be Held Responsible for Texting a Driver Who Causes an Accident?

  July 4, 2014     By Brijnandan Singh Bhar & Co
Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.

Technology & Communications Law - Malaysia

  May 26, 2014     By Brijnandan Singh Bhar & Co
A basic insight into the laws of technology and communications in Malaysia.

MH370 - The Montreal Convention from a Malaysian Perspective

  April 24, 2014     By Brijnandan Singh Bhar & Co
An insight for the unfortunate whose relatives were traveling on MH370.

How Does Malaysian Law Deal With Acts of Piracy at Sea?

  March 12, 2014     By Brijnandan Singh Bhar & Co
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?

White Collar Crime in Malaysia

  February 6, 2014     By Brijnandan Singh Bhar & Co
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.

An Overview of Arbitration Procedure and Practice in Malaysia

  January 31, 2014     By Brijnandan Singh Bhar & Co
A basic insight into Arbitration practices and procedures and how Malaysia is slowly yet steadily following international guidelines on Arbitration.

Warrior Tour: Contracting around unforeseen events

  January 28, 2014     By Brijnandan Singh Bhar & Co
Contracting in sensitive Muslim countries where western culture may not be well perceived may create legal obligations and precedents which must be strictly adhered to to prevent contractual breaches. A Malaysian perspective.

An Onerous Duty - Malaysia

"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking at the company's behest. The article is a brief on who a "Director" is and the duties that comes with the name.

Rear End Collision - Is It Always Entirely your Fault? - Malaysia

At time it is customary to assume that when you crash into the car in front of you, the fault is all yours to take. That may not always be the case, and here is why.

Group Insurance Policy - Sue the Insurer? Think Again - Malaysia

Generally speaking, you are not the owner of the group insurance policy that your company states you are covered under. Here is an overview on how to go about a group insurance policy claim.

Sexual Harassment - How Safe Are You at Work?

A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?

Landlord vs. Tenant - A Guide To Tenancy Management - Malaysia

Being a landlord is not the easiest job in the world. How do you leverage your standing with your tenant? Does the law provide sufficient regulation in this area?

Seeing Doubles - Insurance Claim or Full Sum Damages, or Both? - Malaysia

You met with a motor accident, and your medical expanses were covered by insurance. Are you entitled to claim from the wrongdoer as well? The answer would appear to be a resounding yes, but it is not so simple...

Shipowners Limitation of Liability - Actual Fault and Privity - Malaysia

Shipping is a global business which involves many parties in day to day running of the business. It involves ship owners, ship management companies, agents and crew. Every ship that sails around the world has an Owner and in most cases ship management is entrusted to another company.

Ship Arrest as Security for Arbitration Claim: Post the Arbitration (Amendment) Act 2011 - Malaysia

If Malaysia has always been viewed as a more economical jurisdiction for Ship Arrest in the South East Asia region, then (with this new amendment) we would likely see a sudden growth of Admiralty cases in Malaysia. In any maritime dispute, obtaining security for a claim is undeniably of high priority. Where a ship is arrested and judicially sold, the proceeds are used to pay off the claimants.

Malaysian Chief Justice Launches Revised Fast Track Arbitration Rules

Malaysia is gearing up to position themselves as an alternative choice for maritime dispute resolution in Asia. On 27th February 2012, the Chief Justice of Malaysia launched the Fast Track Arbitration Rules (2nd ed) 2012. The CJ was invited by the Kuala Lumpur Regional Centre for Arbitration to launch the Fast Track Rules as part of the Centre’s initiative to promote Malaysia as a venue for dispute resolution.

Malaysia - Trademarks: in a Tiff Over “Miff”

MIFF Sdn. Bhd. v Kuala Lumpur & Selangor Furniture Entrepreneur Association and Ors [2010] MLJU 1216. The Plaintiff is involved in providing services relating to the organizing and holding of exhibitions, trade fairs and shows in the furniture industry by reference to the name MIFF. MIFF is registered as a trademark since 9 March 2000 in Class 35 for aforesaid services in general.

Intellectual Property: Traditional Concept of Confusion Applied to Protect Geographical Indication - Malaysia

The Agricultural and Processed Food Products Export Development Authority of India (APEDA) & Ors v Syarikat Faiza Sdn Bhd [2011] 2 MLJ 768.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Promoted Activities

The following is the list of promoted activities and products for high technology companies which are eligible for consideration of Pioneer Status or Investment Tax Allowance under the Promotion of Investment Act 1986.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Approval Criteria

Foreign investor manufacturing license application – Malaysian government’s guidelines requirement.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Basic Requirements

Manufacturing license application - Eligibility and statutory requirement.

Tax Incentives for Foreign Investment in Malaysia

Malaysia welcomes foreign investments, particularly in the manufacturing sector, and does not discriminate against investors from any country.

Setting Up a Representative Office in Malaysia

A Representative Office of a foreign company is an office which is established in Malaysia to perform permissible activities for its head office.

Acquisition of Property in Malaysia

With effect from 1 January 2010, the minimum value of foreign acquisition of a residential property is now set at RM500,00.

Setting Up a Company in Malaysia

Malaysian Companies Act 1965 provides that a Malaysian company shall have at least two directors, each having his principal or only place of residence within Malaysia.

Marine Insurance - Malaysia

Bizarre judgment by the High Court likely to affect marine hull underwriting business in Sarawak.

Malaysian Admiralty Court

Heralding a new era in the Nation's Maritime sector.

Malaysia - Trademarks: When Plus is More

Danone Biscuits Manufacturing (M) Sdn Bhd v Hwa Tai Industries Bhd [2010] 8 MLJ 500, High Court. The plaintiff, Danone Biscuits Manufacturing (M) Sdn. Bhd. has been manufacturing and distributing ChipsMore chocolate chip cookies in Malaysia since 1990. The defendant, Hwa Tai Industries Bhd, is another manufacturer of chocolate chip cookies bearing the trademark ChipsPlus.

MALAYSIA - TRADEMARKS: Test for Genericism is Territorial in Nature (August 2010)

Lockheed Martin Corp v Raytheon Co [2010] 7 MLJ 624

New Competition Law in Malaysia (July 2010)

The Malaysian Competition Act 2010 has been gazetted on 10 June 2010 and is expected to be implemented in January 2012.

Carriers Liability Insurers - to Pay or Not to Pay - Malaysia

It is therefore important for parties entering into contracts and agreements to seriously consider the implied and express conditions/term of the contract or the agreement.

Marine Insurance: Institute Cargo Clauses ( “ICC”) 2009

The archaic term “servants” in Clause 4.3 of ICC 1982 has been replaced with the term “employees” in Clause 4.3 of ICC 2009".

Ship Arrest Gone Wrong

The legal question that arose here was, whether the service on the master was in compliance with the governing law and the answer is simply 'No'.

Latest Trademark Cases Affecting Well-known Marks (September 2009)

1. McLaren International Limited v Lim Yat Meen [2008] 1 AMR 243 CA; 8 June 2009 (unreported), Federal Court 2. UBS AG v UBS Corporation Sdn Bhd [2009] 4 MLJ 93

Malaysia Trademark Case-law (May 2009)

McCurry Restaurant (KL) Sdn Bhd v. McDonald’s Corporation [2009] 3 MLJ 774, Malaysia Court of Appeal

Legal Knowledge Management (A Knowledge Manager’s Perspective)

In a nutshell Legal Knowledge Management (LKM) refers to - the collection, organization, dissemination, and reuse of knowledge contained natively within documents and individuals’ minds. The term specifically includes the development of standard forms, tools, and templates to streamline the delivery of service. This definition is quoted from the LKM White Paper One entitled: “Legal Knowledge Management A Holistic Model” dated April 2003.

Gated & Guarded Community - Malaysia

The contents of this article although not exhaustive will serve as a basic guide to any lay person in asking the right questions and to an extent, making the right decision when purchasing a property in a gated and guarded housing scheme.

What do I Do if I Meet with an Accident

One of the more frequently asked questions are “what do I do if I meet with an accident” or “how much or what do I get if I were to meet with an accident”.


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