Intellectual Property Dispute Lawyers in Malaysia
Our intellectual property dispute lawyers act for creators and businesses in Malaysia who need to stop copying, defend an infringement claim or prove who owns a work, invention, design or confidential know-how, from urgent injunctions to trial and appeal.
- High Court IP litigation
- Injunctions and search orders
- KPDN and Customs enforcement
- Online consultations
How We Can Help
- Copyright claims over content, software and online piracy
- Patent infringement, invalidation and post-grant oppositions
- Registered design infringement and copied product shapes
- Passing off and breach of confidence actions
- Ownership disputes with employees, freelancers and contractors
- Injunctions, search orders, KPDN complaints and Customs action
Explore our IP guides
Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
RM25,000
Statutory damages cap per work, s 37 Copyright Act
6 Months
To oppose a granted patent at MyIPO
5 Years
To sue for design infringement, s 33(3) Industrial Designs Act
What is an IP dispute, and which court hears it?
An intellectual property dispute in Malaysia is a contest over who owns, or who may use, a creative work, an invention, a product design, business goodwill or confidential know-how. Each right has its own rules, so the first step is to identify the right and what it actually protects.
- The Copyright Act 1987 (Act 332) protects literary, artistic and musical works, software, films and sound recordings. Protection is automatic and needs no registration.
- The Patents Act 1983 (Act 291) protects inventions and utility innovations granted by MyIPO.
- The Industrial Designs Act 1996 (Act 552) protects the registered appearance of a product: its shape, configuration, pattern or ornament.
- The common law of passing off protects business goodwill, and the law of confidence protects trade secrets.
Civil claims are brought in the High Court, and many are heard by the Intellectual Property High Court in Kuala Lumpur, to which a case filed elsewhere can be transferred. Malaysia has had designated IP courts since 2007, including Sessions Courts in each state for criminal cases such as piracy and counterfeiting. Registered trade marks have their own statute and are covered on our trade mark lawyers page, while our intellectual property and trade mark overview explains how each right is obtained and how long it lasts.
Common IP claims and how they are defended
Most IP disputes are infringement claims: the owner says the other side copied, sold, imported or used the protected right without consent. The defence usually challenges the facts, the scope of the right, or whether the right is valid at all.
- Copyright claims cover copied content, software, photographs and packaging artwork, including online piracy. Amendments in force since 18 March 2022 added offences for sharing access to pirated works online and for streaming technology used to infringe.
- Patent claims concern making, using, selling or importing a patented product or process. The defendant may counterclaim to invalidate the patent, and since 31 December 2025 a granted patent can also be opposed at MyIPO within six months of publication of the grant, provided no court case concerns it.
- Design claims arise when the registered design, or an obvious imitation, is applied to an article, or copies are sold or imported.
- Passing off covers lookalike names, logos and get-up, and requires proof of goodwill, misrepresentation and damage.
- Breach of confidence covers misuse of customer lists, formulas, source code or pricing.
Common defences include licence or consent, independent creation for copyright and confidential information, fair dealing for purposes such as criticism, review or news reporting, and invalidity of the registration relied on.
Who owns it? Disputes with employees, freelancers and contractors
Ownership is often the real fight, particularly when a key employee leaves or a freelancer’s work becomes valuable. Malaysian law sets a default owner for each right, but a written agreement can change the result, so the contract is the first document to check.
- Under section 26(2) of the Copyright Act 1987, copyright in a work made in the course of employment, or commissioned by someone who is not the author’s employer, is deemed transferred to the employer or commissioner, subject to any agreement excluding or limiting that transfer.
- Under section 20 of the Patents Act 1983, an invention made in performing an employment contract or commissioned work belongs to the employer or commissioner unless the contract says otherwise. The inventor may claim equitable remuneration where the invention’s value far exceeds what the parties could reasonably foresee, and that right cannot be contracted away.
- Under section 10 of the Industrial Designs Act 1996, a person who commissions a design for money or money’s worth, or whose employee creates it in the course of employment, is the original owner unless otherwise agreed.
Genuine trade secrets stay protected after employment ends, but post-employment non-compete clauses are generally void under the Contracts Act 1950. Clear confidentiality terms, exit procedures and evidence of what was taken therefore carry most of the weight.
Injunctions, search orders and the timeline to trial
The first weeks usually shape an IP case: evidence is secured, and the court decides whether to hold the position until trial.
- Secure the evidence, such as dated screenshots and URLs, test purchases, samples and proof of ownership.
- Send a letter of demand seeking undertakings, unless surprise is needed to protect evidence.
- Apply to the High Court for an interim injunction. The court weighs whether there is a serious issue to be tried, the balance of convenience and the adequacy of damages, and the applicant usually gives an undertaking as to damages. An ex parte injunction lasts no more than 21 days. If evidence may be destroyed, an Anton Piller order allows a search of the defendant’s premises under strict safeguards.
- Exchange pleadings, documents and technical evidence before trial; judgment commonly follows 12 to 18 months after filing.
- Appeal to the Court of Appeal as of right, and to the Federal Court only with leave.
Time limits differ: six years from the act of infringement for patents under section 59(3) of the Patents Act 1983, five years for registered designs under section 33(3) of the Industrial Designs Act 1996, and generally six years under the Limitation Act 1953 for copyright, passing off and contract claims. Costs turn mainly on urgency, the number of defendants, technical evidence and interlocutory applications.
Remedies and enforcement against counterfeits and piracy
A successful claimant in Malaysia can obtain an injunction, damages or an account of profits, delivery up or destruction of infringing goods, and declarations. Instead of proving actual loss, a copyright owner can ask for statutory damages of up to RM25,000 for each work, capped at RM500,000 in total, under section 37 of the Copyright Act 1987.
Public enforcement can run alongside a civil claim:
- Enforcement officers of KPDN, the Ministry of Domestic Trade and Cost of Living, investigate counterfeit trade mark offences under the Trademarks Act 2019, copyright offences, and false trade descriptions under the Trade Descriptions Act 2011 (Act 730). Complaints can be lodged through eAduan KPDN, and KPDN can have online advertisements for counterfeit goods taken down, but only on the brand owner’s own complaint.
- At the border, copyright owners can apply under section 39 of the Copyright Act 1987 to restrict imports of infringing copies, and since 2022 officers may seize prohibited infringing imports even without an application. Trade mark owners apply to the Registrar under Part XIII of the Trademarks Act 2019.
Money judgments are enforced through execution, such as seizure and sale of assets or garnishee orders, and breach of an injunction can be punished as contempt of court.
How NZSK handles intellectual property disputes
We begin with a consultation, online or in person at our Puchong or Mont Kiara office, and we advise only after reviewing the actual documents. To make that first meeting useful, bring or send:
- proof of ownership, such as registrations, MyIPO voluntary notification certificates, design files, source code history and employment, freelance or assignment agreements;
- evidence of the copying, such as dated screenshots, URLs, test purchase receipts and physical samples;
- any letter of demand, court papers or KPDN correspondence you have received.
Until then, preserve everything, avoid admissions and do not delete files or move disputed stock. After the review we explain the strength of the right, any gaps in the evidence and the realistic routes: a negotiated stop, a licence, a KPDN complaint, Customs action or court proceedings. We also set out the likely timeline and what will drive the cost, and give a fee quotation. Where the matter is urgent, injunction papers are prepared promptly. We are a litigation and disputes practice, and the same team stays with the matter from the first letter to trial and any appeal. We do not promise outcomes.
Frequently Asked Questions
In Malaysia, the answer depends on the type of right and the contract. Under section 26(2) of the Copyright Act 1987, copyright in work made in the course of employment, or commissioned by a non-employer, is deemed transferred to the employer or commissioner unless an agreement says otherwise. Section 20 of the Patents Act 1983 gives employee inventions to the employer, with equitable remuneration in some cases, and section 10 of the Industrial Designs Act 1996 gives commissioned and employee designs to the commissioner or employer.
A contested intellectual property case in the Malaysian High Court commonly takes around 12 to 18 months from filing to judgment, depending on the issues, the technical evidence and the court's calendar. Urgent ex parte injunctions can be heard within days, and an ex parte order lasts no more than 21 days before the other side is heard. An appeal to the Court of Appeal adds further time, and a further appeal to the Federal Court needs leave.
In Malaysia, a patent infringement action must be filed within six years of the act of infringement under section 59(3) of the Patents Act 1983, as amended in 2022, and a registered design action within five years under section 33(3) of the Industrial Designs Act 1996. Copyright, trade mark and passing off claims generally follow the six-year period in the Limitation Act 1953. Delay is risky long before then, because it can defeat an urgent injunction.
Yes. The Malaysian High Court can grant an interim injunction to stop infringement until trial if there is a serious issue to be tried, the balance of convenience favours the order and damages would not adequately compensate the owner. The applicant must act promptly, disclose all material facts and usually give an undertaking to pay damages if the order proves wrong. Where evidence may be hidden or destroyed, the court can also grant an Anton Piller search order.
Yes, commercial piracy is a crime in Malaysia. The Copyright Act 1987 makes dealing in infringing copies an offence, and amendments in force since 18 March 2022 added offences for sharing access to pirated works online and for streaming technology used to infringe. The streaming offence in section 43AA carries a fine of RM10,000 to RM200,000, imprisonment of up to 20 years, or both. KPDN enforcement officers investigate complaints, and a civil claim can run alongside.
If you receive a letter of demand alleging infringement in Malaysia, note the deadline it sets, but check the claim before replying. Preserve your records and stock, avoid admissions and do not destroy anything. A lawyer will test whether the right exists, who owns it, whether your product falls within it and whether the registration can be challenged. Many IP disputes settle at this stage through undertakings, a redesign or rebrand, or a licence.
In Malaysia, a business can sue a former employee for breach of confidence and breach of contract, even though there is no trade secrets statute. The business must show that the information was confidential, was received in circumstances importing a duty of confidence, and was used or disclosed without authority. The court can grant an injunction, order delivery up or destruction of materials, and award damages or an account of profits. Acting quickly helps preserve the evidence.
The cost of an intellectual property dispute in Malaysia depends on urgency, the number of rights and defendants, whether technical witnesses are needed, the interlocutory applications involved and how far the case goes towards trial or appeal. A dispute resolved by correspondence costs far less than a contested patent trial, and a successful party usually recovers only part of its actual costs. NZSK gives a fee quotation after reviewing your documents at a consultation.
Facing an IP claim or need to stop copying?
Bring your registrations, contracts and evidence of the copying, or the claim made against you. We advise once we have reviewed your documents at a consultation, online or in person, at our Puchong or Mont Kiara office.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
