IP Litigation Faqs

IP Enforcement & Dispute Support Malaysia — FAQs

Common questions about enforcing your IP rights in Malaysia.

What are my options when my IP is infringed?

We provide end-to-end IP enforcement and dispute support — including infringement assessments, cease and desist letters, opposition and revocation proceedings before MyIPO, settlement negotiations, IP audits, and strategic advisory work. For matters requiring courtroom representation, we work closely with our partnering law firm to ensure your case is handled seamlessly from enforcement strategy through to litigation.

What should I do first if I discover someone infringing my IP?

Don’t confront the infringer directly or post about it publicly — both can weaken your legal position. Instead, gather evidence: screenshots, samples of infringing products, dates, sales channels, and any communications. Then contact our team for an infringement assessment. We’ll evaluate the strength of your rights, the scope of infringement, and recommend the most cost-effective enforcement strategy.

What is a cease and desist letter, and when should I send one?

A cease and desist letter is a formal notice demanding that the infringer stop the unauthorised use of your IP and, in some cases, pay damages or sign undertakings. It’s typically the first step in IP enforcement — it puts the infringer on notice, often resolves the dispute without litigation, and demonstrates that you attempted reasonable resolution if court action becomes necessary later. Our team drafts and serves cease and desist letters tailored to your case.

Can I oppose someone else’s trademark application?

Yes. After a trademark application is published in the MyIPO journal, there is a 2-month opposition period during which third parties can file an opposition if they believe the mark conflicts with their rights or shouldn’t be registered. Common grounds include prior trademark rights, lack of distinctiveness, or bad faith filing. Our team handles trademark oppositions on your behalf, including evidence preparation and submissions.

Can I cancel or invalidate someone else’s IP registration?

Yes. Existing IP registrations can be challenged through invalidation or revocation proceedings — for example, on grounds of non-use, prior rights, lack of novelty, or bad faith registration. Some proceedings are handled before MyIPO, while others must be brought to the High Court. We assess the merits of your challenge, prepare the case, and coordinate with our partnering law firm where court proceedings are required.

What if I receive a cease and desist letter or infringement claim?

Don’t ignore it, and don’t immediately admit liability. Have an IP professional assess the validity of the claim, the strength of the other party’s rights, and your potential defences. Possible responses include negotiated settlement, design-around solutions, licensing arrangements, or counter-action including challenging the validity of the claimant’s IP. We handle defence strategy and, where litigation is involved, work alongside our partnering law firm.

How long do IP enforcement actions take in Malaysia?

Timelines vary widely. Cease and desist matters can be resolved in weeks if the infringer complies. Trademark oppositions and invalidation proceedings before MyIPO typically take 12 to 24 months. High Court litigation generally takes 9 to 18 months at first instance, with appeals adding further time. We provide realistic timeline estimates at the outset of every matter.

Can criminal action be taken for IP infringement in Malaysia?

Yes. The Ministry of Domestic Trade and Cost of Living (KPDN) has enforcement powers under the Trademarks Act 2019, Copyright Act 1987, and other IP statutes. Criminal sanctions can include fines, imprisonment, and seizure of counterfeit goods. Criminal complaints are typically pursued in parallel with civil action. We work with our partnering law firm and KPDN to support criminal enforcement where appropriate.

Do you handle court proceedings?

Court litigation is conducted by our partnering law firm, with whom we work closely to ensure seamless case management. Our IP team leads on technical IP analysis, evidence preparation, expert witness coordination, and strategic advisory, while our legal partners handle courtroom representation. This collaborative model ensures clients receive deep IP expertise alongside skilled litigation services.

What’s the cost of IP enforcement in Malaysia?

Cost depends on the type and complexity of the matter — a cease and desist letter is significantly cheaper than full opposition proceedings or court litigation. Cost-effective strategies (cease and desist, negotiated settlement) often resolve disputes early. We provide a transparent cost assessment at the start of every matter and recommend the most efficient path to protecting your rights.