Anti-Counterfeiting Lawyer Malaysia | Raids & IP Enforcement

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Anti-Counterfeiting Lawyer in Malaysia — Raids, Seizures & Brand Protection

If your brand or products are being counterfeited in Malaysia, the damage is happening right now — with every fake product sold, your reputation suffers and your revenue is lost. Anti-counterfeiting enforcement in Malaysia requires coordinated, fast, and precise legal action across civil courts, criminal enforcement agencies, and — for online infringement — e-commerce platforms.

At NZSK, our IP litigation team in Kuala Lumpur and Selangor advises on the full spectrum of anti-counterfeiting enforcement in Malaysia. We act for Malaysian brand owners, foreign brand owners and their representatives, brand protection agencies, and companies of all sizes in coordinating raids, obtaining civil court orders, and pursuing infringers through the Malaysian courts. Our offices in Mont Kiara, KL and Puchong, Selangor serve clients across the Klang Valley and throughout Malaysia.

Why Choose Us?

The Scale of Counterfeiting in Malaysia

Malaysia is a significant market for counterfeit goods — both as a destination for imported fakes and as a manufacturing and transit hub for counterfeit products destined for other markets. Commonly counterfeited product categories in Malaysia include consumer electronics and accessories, luxury goods and fashion, pharmaceuticals and health products, automotive parts, food and beverage, and software and digital content.

Effective anti-counterfeiting enforcement in Malaysia requires knowledge of the enforcement landscape — including the jurisdictions and powers of the various enforcement agencies, the procedural requirements for civil and criminal action, the evidence standards required for different types of proceedings, and the practical realities of working with enforcement agencies in the field. We bring all of this to every anti-counterfeiting mandate.

Civil Anti-Counterfeiting Enforcement — Court Orders

Civil court proceedings before the Intellectual Property Division of the Malaysian High Court provide the most powerful and immediately effective tools for anti-counterfeiting enforcement:

Anton Piller orders (search and seizure orders) — civil court orders authorising your legal team, together with supervising solicitors, to enter premises without advance notice, search for and inspect infringing goods and materials, and remove them for safekeeping or destruction. Anton Piller orders are one of the most powerful enforcement tools available — they prevent the destruction or concealment of evidence and can shut down an infringing operation in a single well-coordinated action
Interlocutory injunctions — urgent court orders restraining the continued manufacture, importation, distribution, or sale of counterfeit goods pending the outcome of the substantive proceedings. Combined with an Anton Piller order, an interlocutory injunction provides immediate and comprehensive protection
Mareva injunctions — asset-freezing orders preventing infringers from dissipating assets before a final judgment can be obtained and enforced — particularly important in large-scale counterfeiting cases where significant damages are at stake
Final orders — damages or account of profits, delivery up and destruction of all infringing goods and materials, and injunctions restraining future infringement permanently

Criminal Enforcement — KPDN and Police Raids

Criminal enforcement is an important complement to civil proceedings in serious counterfeiting cases — particularly for organised counterfeiting networks and large-scale commercial piracy operations. The primary enforcement agencies for anti-counterfeiting in Malaysia are:

KPDN (Ministry of Domestic Trade and Cost of Living) — the primary IP enforcement agency in Malaysia, with powers to conduct raids and seizures under the Trade Marks Act 2019, the Copyright Act 1987, and other IP legislation. KPDN enforcement officers regularly conduct operations against counterfeit goods traders, particularly in major commercial areas
Royal Malaysia Police (PDRM) — the police have criminal investigation and enforcement powers for IP offences under the relevant IP statutes and the Penal Code
MyIPO enforcement unit — MyIPO has its own enforcement capacity and coordinates with KPDN and PDRM in IP enforcement operations
Royal Malaysia Customs Department — with powers to detain suspected infringing goods at Malaysia’s ports and border crossings under the Trade Marks Act 2019 border measures provisions

We advise rights holders on coordinating with these enforcement agencies — providing the necessary legal documentation, evidence packages, and expert input to support successful raid operations.

Customs Border Measures

The Trade Marks Act 2019 provides for Customs border measures — allowing trade mark owners to apply to the Director General of Customs to suspend the release of suspected infringing goods at Malaysian ports and border checkpoints. Border seizures are an efficient and cost-effective tool for preventing large consignments of counterfeit goods from entering the Malaysian market.

We advise on the preparation and filing of border measure applications with Customs, on the inspection and evidencing of detained goods, and on the subsequent civil or criminal proceedings arising from Customs seizures.

Online Anti-Counterfeiting Enforcement

The growth of e-commerce has dramatically changed the anti-counterfeiting landscape. Counterfeit goods are now sold widely on major Malaysian and international e-commerce platforms — including Shopee, Lazada, TikTok Shop, and others — by sellers who may be difficult to identify and who can simply re-list products after takedown.

We advise on online anti-counterfeiting strategies, including: structured takedown programmes for major platforms; working with brand protection agencies to monitor and enforce online; civil proceedings against identified sellers and platform operators where appropriate; and coordinating with KPDN and police on criminal action against organised online counterfeiting operations.

Frequently Asked Questions

What is an Anton Piller order and how does it work in Malaysia?

An Anton Piller order — named after the English case that established the remedy, and now more formally termed a 'search order' — is a civil court order obtained without notice to the defendant (ex parte) that authorises the plaintiff's solicitors, together with independent supervising solicitors, to enter the defendant's premises, search for and inspect infringing goods and materials, and remove or photograph them as evidence. The order is one of the most powerful enforcement tools in IP litigation — it prevents evidence from being destroyed and can shut down a counterfeiting operation in a single action. We have extensive experience in preparing, obtaining, and executing Anton Piller orders in Malaysia.

What is the difference between a civil raid and a criminal raid in Malaysia?

A civil raid (Anton Piller order) is conducted by the rights holder's solicitors under authority of a High Court civil order — without police involvement. It is initiated and controlled by the rights holder and their lawyers. A criminal raid is conducted by a government enforcement agency — KPDN, PDRM, or MyIPO — under statutory enforcement powers. Criminal raids lead to criminal charges and prosecution of the infringer. Both types of action can be run simultaneously or sequentially, and both serve different purposes. We advise on the most appropriate enforcement strategy for each specific situation.

My brand is being counterfeited online in Malaysia. What can I do?

Online counterfeiting can be addressed through a combination of platform takedown notices (using the brand protection programmes of major e-commerce platforms), coordination with KPDN for enforcement action against identified sellers, and civil proceedings against identifiable defendants. Where counterfeit goods are being imported into Malaysia, Customs border measures under the Trade Marks Act 2019 may also be available. We advise on a structured online enforcement strategy tailored to the specific platform and the scale of the problem.

Can I take action against counterfeit goods being sold in Malaysian pasar malam or markets?

Yes. Physical marketplace counterfeiting is addressed through KPDN enforcement operations and civil Anton Piller actions. KPDN regularly conducts enforcement operations in major commercial areas, night markets, and wholesale markets. We advise rights holders on coordinating with KPDN — including preparing the evidence package and legal documentation needed to support a successful enforcement operation — and on follow-up civil or criminal proceedings arising from seizures.

I am a foreign brand owner. Can NZSK act for me in Malaysia?

Yes. We act regularly for foreign brand owners enforcing their IP rights in Malaysia. Our Foreign Service Desk provides support in English, Mandarin Chinese, Korean, and Japanese. We work with foreign law firms, international brand protection agencies, and IP specialists as Malaysian counsel in multi-jurisdictional enforcement campaigns. Contact us to discuss your Malaysian enforcement requirements.

Speak to a IP Lawyer Now!

If your brand or products are being counterfeited in Malaysia — whether in physical markets, online, or through imports, contact NZSK for practical and commercially focused trade mark legal advice. Contact us to arrange a consultation.