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Custom Recordal of IPRs in Malaysia

Malaysia

Custom Recordal of IPRs
No
No
No
N/A
N/A
N/A
No; however, the Customs are authorised to detain goods (suspicious of infringing or counterfeit) only when a complaint is lodged to the Registrar of Trade Marks under the Ministry of Domestic Trade and Consumer Affairs.
If the rights holder wants the RMC (royal Malaysian customs) to take any action, he or she needs to provide the certificate of ownership. Furthermore, he or she would then have to file a civil suit to obtain an for the goods not to be released.
No
N/A
N/A
No
None
N/A
Yes
Upon receiving a request from the registrar of trademarks, the Customs may take the requisite action.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
Yes
A civil proceeding has to be initiated within the retention period as may be notified by the authorities.
No
N/A
Where the goods have been seized and you fail to commence civil action within the retention period, the person that owns the seized goods may apply to the court for an order of compensation against you. If the court is satisfied that the person aggrieved had suffered loss or damage as a result of the seizure of the goods, it may order you to pay compensation in such amount as the court thinks fit.
There is no Custom Recordal system for IPRs in Malaysia.
Yes
N/A
The possible remedies awarded by the court include compensation as well as the seizure of goods.
N/A