Sohaib Mukhtar, Zinatul Ashiqin Zainol and Sufian Jusoh
Pertanika Journal of Tropical Agricultural Science, Volume 26, Issue 3, September 2018
Keywords: Agreement on Trade Related Aspects of Intellectual Property Rights, Intellectual Property Corporation of Malaysia, Intellectual property, Madrid Protocol, Paris convention, trademark
Published on: 28 Sep 2018
Enforcement of trademark Law in Malaysia can be categorized as per Part III of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of World Trade Organization (WTO) into (i) civil procedure, (ii) criminal procedure, (iii) administrative procedure, (iv) provisional measures, and (v) border measures. Important trademark International Treaties dealing with trademark include (i) Paris Convention (ii) TRIPS (iii) Madrid Protocol. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol which provides procedure for International Trademark registration under International Bureau of World Intellectual Property Organization (WIPO). Once trademark registration is made under Madrid Protocol in one-member state, it would be protected in all member states. Important Malaysian trademark laws dealing with enforcement of trademark in Malaysia include (i) Trade Marks Act 1976 (ii) Trade Marks Regulations 1997 (iii) Intellectual Property Corporation of Malaysia Act 2002 (iv) Trade Descriptions Act 2011. This article is qualitative method of research to analyze enforcement of trademark law in Malaysia under relevant Malaysian laws as well as analysis of relevant International Treaties of trademark solemnized under WIPO and WTO. Paris Convention contains provisions on trademark and its enforcement dealing with Border Measures and TRIPS include comprehensive provisions on trademark (15-21) and enforcement of trademark (41-61) as Madrid Protocol provides procedure for International Trademark registration. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol. It is therefore recommended that Malaysian government should accede to Madrid Protocol for protection of trademarks registered in Malaysia to be protected in 98-member countries of Madrid Protocol.
ISSN 1511-3701
e-ISSN 2231-8542