Second Judicial Workshop in Malaysia Tackles New Technologies, Online Trade

Designed and organized by the Enforcement Committee’s Judicial Workshops Task Force, INTA hosted the second full-day judiciary seminar for judges in Malaysia on October 26. As Federal Court Justice Dato’ Sri Hasnah binti Dato’ Mohammed Hashim pointed out, the workshop signified the “convergence of legal minds in pursuit of expertise and excellence in IP law.”

Pursuant to the special interest communicated by the Malaysian judiciary, the topics focused on online trade and specifically, intellectual property (IP) challenges arising from new and emerging technologies. Accordingly, Alternative Dispute Resolution Committee member Dr. Stanley Lai (Allan & Gledhill, Singapore) and Bahari Yeow (RDS Law Partners, Malaysia) discussed the role and relevance of block chain, artificial intelligence, and nonfungible tokens (NFTs) for IP law and legal practice in different jurisdictions and the substantial role the judiciary must play in addressing the associated challenges.

Dynamic blocking injunctions aim to combat the often anonymous and evasive nature of online infringers. Enforcement Committee member Dr. Nicolas Schmitz (Gruenecker, Germany) showcased the technical intricacies of blocking online content at different stages, such as Web hosts or platforms, while Justice Manmohan Singh from the Delhi High Court (India) reported on the very progressive use of dynamic blocking injunctions in India to curb violations such as so-called hydra-headed websites.

Lord Justice Arnold form the Court of Appeal of England and Wales, Justice Dedar Singh Gill from the Supreme Court in Singapore, Nicolas Redfearn (Rouse, Indonesia), and INTA’s Director of Enforcement, Iris Gunther, all discussed different aspects of bad-faith filings and registrations, a global phenomenon that has plagued IP offices and courts over the past few years.

INTA’s Chief Representative Officer for Asia Pacific, Walter Chia, attended the workshop in person to reinforce the Association’s dedication to supporting the judiciary as a resource and partner. The approximately 100 participants were composed of not only judges from the Malaysian High Court and Court of Appeals, but also by several justices from the Supreme Courts from the Association of Southeast Asian Nations (ASEAN) members Brunei, Cambodia, Indonesia, Laos, Myanmar, the Philippines, Singapore, and Vietnam.

INTA firmly believes in the extraordinary role the judiciary has in protecting IP rights and advancing and developing IP laws and practice in the pursuit of this goal, and the Association will continue its cooperation with judges all over the world to support this mission.

INTA’s Asia-Pacific Representative Office, based in Singapore, represents the Association’s members across the region. Working in collaboration with staff at INTA’s headquarters in New York City, the Asia-Pacific Representative Office leads the Association’s policy, membership, marketing, and communications initiatives throughout this region. To learn more about INTA’s activities in the Asia-Pacific, please contact INTA Chief Representative Officer Walter Chia.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2023 International Trademark Association