Insights / Updates

Stay up to date with legal developments in Malaysia.

What's New

CIPAA As At April 2018 - What is Conditional Payment Clause and When is it Void? Is CIPAA Prospective or Retrospective? Or A Hybrid?

The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into force on 15 April 2014. CIPAA has brought in significant changes to the laws relating to the construction industry. However, like other newly introduced legislation, CIPAA too has faced teething issues and other issues since it came into force.

This update will discuss the operative effect of CIPAA and the position of conditional payment clause in light of recent developments.

Amendments to Malaysian Appellate Court Procedures

On 1 March 2018, a number of changes were made to Malaysia’s appellate courts rules. The changes to the Rules of the Court of Appeal 1994 and the Rules of the Federal Court 1995 bring about new procedures and promote clarity.

In this Update, we explain the key changes. We also explain the practical differences that the changes might make.

Intellectual Property Case Updates - Malaysia

This issue of Intellectual Property Case Updates provides case notes on two recent Malaysian cases on intellectual property.

In Tan Kim Hock Product Centre Sdn Bhd & Anor v Tan Kim Hock Tong Seng Food Industry Sdn Bhd, the Federal Court ruled that a trade description order ("TDO") premised on trade mark infringement may be applied for and granted on an ex parte basis.

In Spind Malaysia Sdn Bhd v Justrade Marketing Sdn Bhd & Anor, the Federal Court reaffirmed the applicability of the Windsurfing test in deciding inventiveness of an invention.