How does the Trademarks Bill 2019 update existing law?

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The Trademarks Bill 2019 Expands Trademark Registration to Non-Traditional Marks

The Trademarks Bill 2019 significantly updates existing trademark law by allowing for the registration of non-traditional marks, a departure from the previous Trademarks Act 1976 which was limited to traditional forms. This expansion is considered essential for both domestic and international trade, reflecting the evolving global landscape of intellectual property protection and the contemporary needs of the business community.
Inclusion of Non-Traditional Trademarks

Under the Trademarks Bill 2019, protection can now be extended to trademarks encompassing elements beyond conventional names, labels, or words. This includes registering marks based on scent, sound, shape, and colour. This is a notable shift from the Trademarks Act 1976 (Act 175), which exclusively permitted the registration of traditional trademarks such as names, labels, signatures, words, letters, and numbers.
Alignment with Global Trade Practices

The expansion of trademark protection scope to include non-traditional marks is deemed a necessity for the domestic and foreign trade sectors. The bill aims to update Malaysian law to align with the dynamic global trademark protection landscape and address the current requirements of traders and the business community. This modernisation is crucial for Malaysia to remain competitive and facilitate international commerce.
Enhanced Intellectual Property Utilisation and Enforcement

Beyond the broadened scope of registrable marks, the Trademarks Bill 2019 introduces provisions that will enable intellectual properties to be leveraged as financial instruments. Furthermore, the legislation is set to enhance both civil and criminal proceedings and their enforcement mechanisms related to trademarks. This aims to strengthen the overall framework for protecting and utilising intellectual assets.
Fulfilling International Obligations

A key aspect of the Trademarks Bill 2019 is its role in enabling Malaysia to fulfil its obligations under the Madrid Protocol, an international agreement concerning the international registration of marks. By complying with the protocol, Malaysia will be entitled to receive the associated benefits, thereby facilitating the protection of Malaysian trademarks abroad and vice versa.

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How does the Trademarks Bill 2019 update existing law?

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