MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Ashlyn Kwong, LAW Partnership
• where it involves foreign brand owners, a power of attorney.
However, this can be reduced by filing a cer - tificate of urgency at the Court of Appeal for an earlier hearing date. 12. Additional Considerations 12.1 Emerging Issues With the rapid development of artificial intelli - gence (AI), one prominent issue up for discus - sion is the position of the law on AI in connection with the authorship of non-human entity gener - ated work. Most commonwealth nations, includ - ing Malaysia, have yet to adopt legal measures to address this topic. The topic becomes more critical given the recent decision by the United Kingdom’s Supreme Court in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks. The decision is an eye-opening moment for change to be made to catering to disputes on authorship of non-human entity generated work. There is a clarion call for countries including Malaysia to answer and adjust and adapt to this by passing new laws or at the very least amend - ing the current legal structure to accommodate the glaring presence and emergence of AI in the community which may affect industries across the board. Nonetheless, the Ministry of Science, Technol - ogy and Innovation in Malaysia, on 20 Septem - ber 2024 launched the National Guidelines on AI Governance & Ethics to support the implemen - tation of the Malaysian National Artificial Intel - ligence Roadmap 2021-2025. Although it is still unclear as to what mechanism can be adopted to address the legal complexities or intricacies involving AI, it remains a hopeful possibility that Malaysia may start the ball rolling in introducing
11. Appeal 11.1 Appellate Procedure
Decisions for both trade mark and copyright infringement claims can be appealed from the High Court to the Court of Appeal. This is typically done by: • filing a notice of appeal at the High Court; • filing the records of appeal and memorandum of appeal at the Court of Appeal; and • filing written submissions at the Court of Appeal. The records of appeal includes: • the pleadings for both parties (statement of claim, defence, reply to defence); • documents used by parties during the trial (bundle of documents); • notice of appeal; • memorandum of appeal (essentially the grounds of appeal); and • grounds of judgment from the High Court. Court of Appeal decisions can be further appealed to the Federal Court. However, this would typically only happen where there are novel issues of law in the lawsuit. 11.2 Timeframes for Appealing Trial Court Decisions An appeal from the High Court to the Court of Appeal will need to be made within 30 days from the date of the High Court decision. The appeal process at the Court of Appeal can take up to a year from the date of the High Court decision.
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