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News & Analysis

Opposition Proceedings under the Patents (Amendment) Act 2022

11 July 2022 by Shearn Delamore & Co

In this article, Pravind Chandra looks at the new section 55A of the Patents (Amendment) Act 2022.

News & Analysis

Re Scomi Group Bhd: Judicial Management Not Available for Public Listed Companies?

23 June 2022 by Shearn Delamore & Co

In this article, Douglas Goh Peng Fong discusses whether a public listed company can apply for a judicial management order under Subdivision 2 of Division 8 (Corporate Rescue Mechanism) of Part III of the Companies Act 2016 (“CA”).

News & Analysis

Defamation: When a drama is just a drama

06 June 2022 by Shearn Delamore & Co

It is common for fictional works to contain stylistic and creative choices and the use of artistic license. The question arises whether there is a limit to such creativity where life events intersect with such creativity.

News & Analysis

The Dawn of Merger Control in Malaysia (MyCC’s Proposals to Amend the Competition Act 2010)

30 May 2022 by Shearn Delamore & Co

As indicated in numerous press statements1 issued by the Malaysia Competition Commission (“MyCC”) in recent years, MyCC is undertaking an exercise to amend the Competition Act 2010 (“CA 2010”), most notably to introduce a general merger control regime in Malaysia and to enhance its powers under the CA 2010.

News & Analysis

Dispute Resolution: Mkini Dotcom Sdn Bhd v Raub Australian Gold Mining Sdn Bhd [2021] 5 MLJ 79

15 May 2022 by Shearn Delamore & Co

A case note by Yap Jun Cheng

News & Analysis

Corporate/M&A Auspicious Journey: The Federal Court decides on minority shareholders rights

05 May 2022 by A case note by David Lim Wei Choon

The Federal Court (“FC”) in Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd1 has affirmed in its reasoning on whether the remedy in section 181 of the Companies Act 1965 (“CA 1965”) (now section 346 of the Companies Act 2016 (“CA 2016”)) in a case where an organ of a company is exercising its power in an oppressive manner to the minority that liability may be imposed onto parties other than the majority shareholders.

News & Analysis

Amendments to the Malaysian Patents Act 1983 & Patents Regulations 1986

30 April 2022 by Shearn Delamore & Co

Amendments have been made to the Patents Act 1983 (“PA1983”) and Patent Regulations 1986 (“PR1986”), via the Patents (Amendment) Act 2022 (“the Amending Act”) and Patents (Amendment) Regulations 2022 (“the Amending Regulations”).

News & Analysis

Real Estate: What is the length of notice required to terminate a tenancy validly?

21 April 2022 by Shearn Delamore & Co

In this article, Ng Lyn Ee considers the length of notice required to validly terminate a tenancy.

News & Analysis

Determining if an Employee is Transferred or Seconded

30 March 2022 by Shearn Delamore & Co

The issue of whether an employee is transferred or seconded can sometimes prove rather contentious. In a transfer, the employment relationship to transferred to the new employer (i.e. the original company is no longer the employer), whereas in a secondment situation, the employee remains under the employment of the original company but may perform work for the secondee company.

News & Analysis

Transition to Endemic — What it Means for the Employers in Malaysia?

17 March 2022 by Shearn Delamore & Co

Introduction With effect from 1 April 2022, Malaysia will enter the “Transition to Endemic” phase.