MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Ashlyn Kwong, LAW Partnership
Use of Trade Mark on the Internet Regulation 6 of the Regulations states that in relation to the use of a sign or trade mark on the internet, the provisions provided in the TMA 2019 and the Regulations and the Joint Recom - mendation must be taken into account. Importance of Trade Mark Registration for Use on E-Commerce Platforms Several online marketplaces require a valid trade mark registration certificate to enable sellers to verify their status as brand owners, authorised sellers or to provide evidence of selling authentic products on their platform. Therefore, as a pre - cautionary measure, it is advisable for business owners to secure a valid trade mark registra - tion before expanding their business to online platforms.
new laws which will adequately regulate the legal problems involving AI. In the meantime, it is likely that when the need arises, the Malaysian courts will rely on utilis - ing or citing interpretations and/or precedents of other jurisdictions in this area. 12.2 Trade Mark and Copyright Use on the Internet Trade Mark and Copyright Infringement via the Internet Recent amendments to the CA 1987 and the TMA 2019 have expanded the scope of infringe - ment proceedings to extend liability to second - ary infringers (including internet service provid - ers (ISPs)). While Section 43H of the CA 1987 expressly provides for a takedown mechanism (by way of notification) for electronic copies of works pub - lished on the internet, this is not mirrored in the TMA 2019. Nonetheless, there is a need to be cautious as “use” of a trade mark for purposes of infringe - ment proceedings is broadly defined under the TMA 2019. Given this, it is important that suf - ficient takedown procedures and guidelines, as well as adequate screening and filter mecha - nisms are adopted by ISPs to reduce the pos - sibility of being liable for infringement of these intellectual property rights.
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