马来西亚专利制度（依据《2022年专利（修正）法》及相关法规下）的重大改革已于2025年12月31日全面生效。 为此，专利注册官于2025年10月10日发布的通告（Notice 1/2025）确认，多项期待已久的条文连同新的附属立法将正式生效，从而引入一个更为透明且更具对抗性的专利制度框架。 这些变化对专利权人、申请人、代理人及产业相关利益方均具有广泛影响。以下为您整理的必知要点。 核心改革 A. 专利申请文件的公众查阅 根据《1983年专利法》第34(1)条，一旦专利申请已在官方公报上刊登后，注册官须在收取规定费用后，将提供广泛范围的专利申请资料供公众查阅。 可披露的信息范围极为广泛，当中包括： 申请人及代理人资料； 申请编号； 申请及优先权资料； 完整说明书（包括修正内容）； 所有权变更及许可登记资料； 检索及审查报告； 申请人与专利局之间的往来函件； 任何一方提交的专利及非专利文献引用。 在披露后，申请人可向正在商业实施该发明的相关人士发出书面警告，并可自警告发出之日，或在未发出警告的情况下自公布日起，要求赔偿。

RDS is pleased to publish RDS Legal Insight Q1 of 2026. This quarterly magazine features the following articles by our colleagues: 5) Artificial Intelligence Governance In Malaysia: From Existing Legal Protections To Future Regulatory Obligations by Lim Zhi Jian & Evien See

The Online Safety Act 2025 (ONSA) came into force on 1 January 2026. Malaysia has now joined a growing group of jurisdictions that do not leave online safety to platform discretion alone. With the coming into force of ONSA, Parliament has introduced a statutory framework aimed squarely at how licensed online service providers manage harmful content, respond to complaints, and design safety into their systems. Over the past decade, digital platforms have become central to comm

Court victories in intellectual property disputes often carry an implicit assumption of financial reward. The recent High Court decision in Naili Holdings Sdn Bhd v Sabella Holdings Sdn Bhd [2025] 11 MLJ 169 punctures that assumption. While infringement was clearly established, the court’s sharply reduced damages award serves as a cautionary tale for rights holders who conflate online visibility with evidential certainty. The case offers a timely reminder that in civil lit

Malaysia is preparing for a significant shift in its patent regime, with major reforms under the Patents (Amendment) Act 2022 and related regulations set to take effect on 31 December 2025. A notice issued by the Registrar of Patents on 10 October 2025 (Notice 1/2025) confirms that several long-anticipated provisions together with new subsidiary legislation will finally be enforced, ushering in a more transparent and adversarial patent framework. The changes carry wide-rangin

Intellectual property typically evokes familiar categories such as trademarks, patents or copyrights. Yet an increasingly important form of protection, particularly for food, agriculture and heritage-linked goods, is the geographical indication (GI). GIs certify that a product’s qualities, characteristics or reputation are intrinsically tied to a specific place of origin. The updated Geographical Indications Act 2022 (GIA 2022), which came into force on 18 March 2022, marks t

In the realm of technology and IT service agreements, poorly defined obligations, ambiguous acceptance criteria and uncontrolled scope expansion can turn promising projects into costly disputes. The recent Court of Appeal decision in Skyworld Holdings Sdn. Bhd. v Neurogine Sdn. Bhd. [B-02(NCC)(W)-1312-08/2023] offers a cautionary case study on the structural weaknesses that frequently undermine such contracts. The Dispute In Skyworld , the Court of Appeal upheld the High

When most people hear the term “invention,” they immediately think of patents. Yet, nestled alongside patents is a lesser‑known but equally important form of protection: utility innovation (UI). Also known in other jurisdictions as utility models, petty patents, design patents or innovation patents, UI provides a viable alternative for protecting technical advancements that may not meet the stringent standards of patentability. What Exactly Is An UI? Under the Section 17 of

The Court of Appeal, in TransferWise Ltd v Public Bank Berhad [2025] 2 CLJ 765, delivered a landmark judgment on the revocation of trademarks under Section 46(1)(a) of the Trademarks Act 2019 (TMA 2019). This decision clarified the definition of an “aggrieved person”, established the burden of proof in non-use revocation cases and outlined the extent to which the court can revoke or limit the scope of goods and services in cases of partial revocation. Brief Background P

The Communications and Multimedia Act 1998 (Act) establishes a regulatory framework for the communications and multimedia industry. Recently, the Communications and Multimedia (Amendment) Act 2024 (Amending Act) was passed by Parliament to introduce amendments to the Act, where the amendments aim to find a new equilibrium between the freedom of expression and the benefits of the digital economy, while ensuring safety and security, especially for children and families. Suspe

Recently, the Ministry of Science, Technology and Innovation (MOSTI) launched the National Guidelines on Artificial Intelligence Governance and Ethics (AIGE). These Guidelines provide a comprehensive framework for the ethical and responsible development, deployment and use of artificial intelligence (AI) within the nation, reinforcing Malaysia’s commitment to advancing its AI capabilities in line with the National Artificial Intelligence Roadmap 2021-2025 (AI-RMAP). The roadm

The Malaysian Communications and Multimedia Commission (MCMC) recently, on 1 August 2024, introduced a new regulatory framework that brings social media and internet messaging services (Service Providers) under the Communications and Multimedia Act 1998 (CMA 1998) through a licensing requirement. According to MCMC, this is part of the efforts to address growing concerns over cybercrimes including online fraud, cyberbullying, and sexual crimes against children. Mandatory Lic

It is no surprise that as technology advances and evolves, the risk of cyber threats inevitably grows. Several online attacks and data breaches occurred in recent years, affecting both governmental and private institutions, leading to millions of personal data leaks. For instance, the National Registration Department (JPN) and the Social Security Organisation (PERKESO) both at the very least, experienced significant cyber threats that allegedly resulted in extensive leaks of

The digital revolution has fundamentally transformed intellectual property (IP) law in recent years, especially with the significant growth and development of Artificial intelligence (AI). Generative AI, which uses machine learning to produce content based on user prompts, exemplifies this change. For instance, ChatGPT, a notable language model, showcases how AI can impact IP through the creation, distribution, and consumption of creative works. While AI pushes creative bo

Recently, the Court of Appeal in Keysight Technologies Malaysia Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri [2024] MLJU 1271 ruled that the gains from the disposal of marketing and manufacturing intellectual property rights were of a capital nature and thus, were not subject to income tax. This alert summarises the Court of Appeal’s decision in this case. Background The taxpayer, Keysight Technologies Malaysia Sdn Bhd, enjoyed pioneer incentive since 2000, where it enjoyed

An Initial Exchange Offering (IEO) is a fundraising method where digital tokens (or coins) are issued to investors on a cryptocurrency exchange platform. This process is facilitated by digital asset exchanges (DAX), which acts as an intermediary between the project team and potential investors. The Guidelines on Digital Assets was issued by the Securities Commission Malaysia (SC) on 28 October 2020 and revised on 19 December 2022. The Guidelines set out the requirements relat