IP Litigation

With our team of skilled and experienced lawyers

For inventions with a limited market value, the cost of getting and maintaining a patent may not be justified. Your invention may have a limited market or may only be useful in countries where it’s difficult to secure patent protection.

we are ready 24/7 to assist in any intellectual property legal disputes such as obtaining swift injunctions, handling disputes in courts as well as alternative disputes resolutions by way of negotiations, mediations and arbitrations.

What Is IP Litigation in Malaysia? 

IP litigation in Malaysia refers to the legal process of resolving disputes over intellectual property rights, such as copyrights, patents, trademarks, and industrial designs. If someone infringes on your intellectual property, litigation allows you to enforce your rights through the Malaysian courts. With IP litigation, you can stop unauthorized use, claim damages, or defend against unfounded claims. 

Types of IP Litigation in Malaysia 

Patent Infringement

If your patented invention is used without permission, you can file a lawsuit for infringement.

Trademark Disputes

Unauthorized use of a registered trademark, including passing off and trademark dilution, can lead to litigation.

Copyright Infringement

When someone reproduces or distributes copyrighted material without authorization, copyright holders can pursue legal action.

Industrial Design Infringement

If your registered industrial design is copied, you have the right to seek legal recourse.

The IP Litigation Process in Malaysia

The process of IP litigation in Malaysia typically involves the following steps: 

  1. Filing a Complaint: The rights holder (plaintiff) files a lawsuit with the Malaysian courts, detailing the alleged infringement. 
  2. Pre-Trial Motions: The court may issue temporary injunctions to prevent further infringement while the case is ongoing. 
  3. Discovery and Evidence: Both parties gather and present evidence, including documents, expert opinions, and witnesses. 
  4. Trial: The court hears the case and makes a decision based on the evidence presented. 
  5. Judgment: The court will issue a ruling, which may include an injunction to stop the infringement and an order for monetary damages if the plaintiff is successful. 

Why IP Litigation Is Important in Malaysia 

Protecting your intellectual property is crucial for businesses, innovators, and creators. Without enforcement, your ideas, products, and brands are vulnerable to unauthorized use, which can result in financial losses and damage to your reputation. GVCOIP ensures that your rights are protected under the law. 

Common IP Disputes in Malaysia 

Unauthorized use of similar logos or brand names that cause confusion in the marketplace. 
When one party claims to have created an invention that another party is using without permission. 
Use of artistic, literary, or musical works without proper licensing.
The production and sale of fake goods that infringe on registered intellectual property rights. 

How to Enforce IP Rights in Malaysia

To enforce your intellectual property rights, you can take several steps: 

Cease and Desist Letters

Before resorting to litigation, many IP holders send cease and desist letters demanding the infringing party stop using the intellectual property.

Injunctions

In some cases, you may need to seek a court injunction to immediately stop the infringement while the litigation proceeds

Court Action

Filing a lawsuit is the final step when negotiations or letters do not resolve the issue.

GVCOIP: Your Partner for IP Litigation in Malaysia 

At GVCOIP, we specialize in IP prosecution and litigation. Our team of experienced intellectual property lawyers can help you enforce your rights, whether you’re facing infringement or defending against claims. We handle a wide range of intellectual property disputes, including trademarks, patents, copyrights, and industrial designs.

Pre-litigation advice

We assess your case and offer strategic guidance on how best to proceed.

Settlement negotiations

Our team can help resolve disputes through negotiation and alternative dispute resolution methods.

Infringement actions

We represent clients in court to stop unauthorized use of intellectual property.

Defending IP claims

If you’re accused of infringement, we provide robust defense strategies to protect your interests.