Compendium of Malaysian Intellectual Property Cases

They say one thing always lead to another.

It all started with a blog post entitled, “All Lawyers should have an iPad!” on LoyarBurok in 2011 which talks about the use of iPad by lawyers.

Immediately after posting that article, I was invited by the Bar Council to speak on the topic, “Use of Technology amongst Lawyers“.

Most of the participants of my talk were practitioners senior to me. However, Gaythri, the Head of Marketing of LexisNexis SEA (as then she was), a multinational legal information provider, attended too. She found out about my talk through Twitter.

After the talk, I was invited by Gaythri to review their upcoming LexisNexis iPad App which I gave input.

In early January 2012, LexisNexis sent me to Fukouka to attend the LexisNexis Customer Engagement Workshop at Fukouka. There I met Norainni, Associate Director of Product Development.

Before that, I started an eGroup on Google Groups called the Malaysian Intellectual Property and Information Technology Practitioner’s eGroup in 2009. I started the group with a purpose of sharing Court judgements relating to Intellectual Property and Information Technology. The eGroup grew and soon, many members started sharing judgements.

One day, in my effort of promoting my blawg, I thought of putting the these judgements online for people to download. I even thought of doing an eBook by compiling the judgements for download for free.

I guess my inspiration came from reading ancient case laws dating back to the early 1800s. A selection of oriental cases decided in the Supreme courts of the Straits’ Settlements by Robert Carr Woods Jr published in 1869 was one of my inspirations. The book was the first organised law report containing 12 cases decided between 1834 and 1869.

I was inspired by the words of James William Norton Kyshe in Cases heard and determined in Her Majesty’s Supreme Court of the Straits Settlements, 1808 – 1885. vol. i, p. i:-

“Upon a question on which the cases decided by the Superior Courts at home, cannot give much assistance, since its determination depends in great measure on local circumstances, I think it is to be regretted that the Recorders did not preserve their judgments by publishing them….. This absence of published judgments is, as I have just said, to be regretted, because much uncertainty will continue to hang over the Administration of Justice in the Settlement. Each Recorder must begin de novo, and solve for himself, as best he may, the question whether this or that Statute is in force here; and the law will fluctuate according as he unconsciously departs from the views of his predecessors, and as his views, again are, in similar unconsciousness, departed from by his successors.” Sir Benson Maxwell, Journal Indian, Archipelago, vol. iii., part i., p. 59

Few months ago, I met Norainni again few months later at a friend’s book launch. I told her about my book and I ended up with my first book deal.

My book, entitled “Compendium of Malaysian Intellectual Property Cases”, is a compilation of reported and unreported Malaysia intellectual property cases. In this book, I’ve prepared catchwords for each cases for easy reading. You do not need to read the entire case to get the important points.

The first volume of my book contains more than 70 trade mark cases. The cases have been divided into sections such as infringement, passing off, rectification and opposition.

If the sale of this book does well, LexisNexis may publish the other volumes which have other topics such as patents, copyright, industrial designs and confidential information.

I get a very small royalty from each book – not enough to sustain me when I retire. But making money is certainly not my priority. All I wanted is to leave an impact and legacy. I want this book to be around for hundred of years.

You can order my book at LexisNexis’ website! You can download an extract of the book here.

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