Kanecka

30/10/2022

We are pleased to provide a legal retainer package with our legal panel as low as RM2.6k per month for a limited time only. T&C applies. If you like to find out more, do get in touch or DM for more info!

28/04/2022

IP Audit Update April 2022

Q: When it comes to investing in or selling a company or technology, buying over a business, increasing your intangible assets, mergers & acquisitions (M&A), takeovers and considering IPOs, questions like how and what you need to do in order to prepare for such events?

For example; What did Elon Musk do before he consider to acquire Twitter? What did Carsome do before acquiring majority stakes in iCar Asia and CarTimes Automobile?

Answer:-

1) As part of your due diligence, the first step is to conduct an "IP Audit" on these prospective companies in order to determine their Intellectual Property Rights and Assets.

2) To conduct a "Valuation of these prospective companies and their Intellectual Property Rights/Assets" in order to determine their market value or worth.

The above will help equipped you with the necessary information, values and yardstick required to conduct a costs effective negotiation with either the Seller, Buyer and any potential Investors without being undervalued and exploited.

Remember knowledge is the key for any negotiation.

If you like to know more, feel free to get in touch with Kanecka for a consult!

https://posts.gle/7o4fJkbvUX2J7gVJA

IP Audit Update April 2022 Q: When it comes to investing in or selling a company or technology, buying over a business, increasing your intangible assets, mergers & acquisitions (M&A), takeovers and considering IPOs, questions like how and what you need to do in order to prepare for such events? For...

26/04/2022

Trademarks Update April 2022

Q1: What is the difference between a 'Trade Name' and 'Trademark'?

A1: Trade Name generally refers to the business name which is registered with the Companies Commission of Malaysia ('CCM') or ('SSM') whereas

A Trademark refers to the company's brand/logo/sign which is commercially used on the company's goods and/or services to differentiate one trader from another.

Q2: If the Trade Name is registered with CCM/SSM, does it mean that the Trademark is also registered and protected under the same requirements and laws in Malaysia?

A2: In short no because both Trade Name and Trademark are governed under a different set of requirements and laws/regulations in Malaysia.

The above is a general information and not a legal advice. If you like to know more, feel free to reach out to Kanecka for a consult!

https://posts.gle/hZ2QHsfM4wC5v7J99

Trademarks Update April 2022 Q1: What is the difference between a 'Trade Name' and 'Trademark'? A1: Trade Name generally refers to the business name which is registered with the Companies Commission of Malaysia ('CCM') or ('SSM') whereas A Trademark refers to the company's brand/logo/sign which is c...

23/04/2022

Copyright Update April 2022

Copyright protects the creative works by the author, owner and performer for a specific timeframe under the Copyright Act 1987.

The common types of Works are literary (e.g.; software, novels, stories, books and other writings), musical (e.g.; works composed for musical), artistic (e.g.; non-fungible tokens, photographs, drawings, specifications, web layouts, maps, etc.), films (e.g.; visual images, moving pictures which includes sounds, soundtrack associated with a film or video, etc.), derivative (e.g.; translation, adaptation, arrangement, collection of works and collection of mere data) just to name a few.

Requirements: Works must be Original, Material form (e.g.; written or digital) and Published (e.g.; sales or advertisements) to the general public.

Proof of Ownership: Two (2) Methods namely the Statutory Declaration ('SD') and a 'Voluntary Notification' submitted to the Malaysian Intellectual Property Corporation Office ('MyIPO') for recording which can be used as prima facie evidence in court.

Don'ts: Copyright does not protect the idea, procedure, methods of operations and mathematical concepts.

Duration of Protection: Life of the author plus 50 years after his/her death - Literary, Musical & Artistic Works.
50 years after the publications or making of the work - Film, Sound Recording and Performer Works.

The above is not a legal advice and it is recommended to seek a consult.

If you like to know more, feel free to reach out to Kanecka for a consult.

Copyright Update April 2022 Copyright protects the creative works by the author, owner and performer for a specific timeframe under the Copyright Act 1987. The common types of Works are literary (e.g.; software, novels, stories, books and other writings), musical (e.g.; works composed for musical),....

12/04/2022

Copyright Update April 2022

Q: Did you know whether organiser hosting singing competition are required to obtain license/permit from licensed bodies?

A: The organiser is required to obtain written permits and pay royalties to the respective licensing bodies in Malaysia such as the Music Authors Copyright Protection Berhad ('MACP'), Public Performance Malaysia Sdn Bhd ('PPM'), Recording Performers Malaysia Berhad ('RPM').

In the past, Music Rights Malaysian Berhad ('MRM') was in charge to collect these royalties on behalf of the licensing bodies but their authority has now been revoked since 27.7.2020.

Similar situations such as playing live music and recorded music in commercial premises such as restaurants, cafes and etc. will be required to obtain licenses and pay royalties to these licensing bodies.

For example; one-off payment and annual payment of royalties will confer different types of "right to use" for such licensed works depending on the purpose and duration of such use.

If you like to know more, feel free to get in touch for a consult with Kanecka!

Copyright Update April 2022 Q: Did you know whether organiser hosting singing competition are required to obtain license/permit from licensed bodies in Malaysia? A: The organiser is required to obtain written permits and pay royalties to the respective licensing bodies in Malaysia such as the Music....

20/03/2022

Franchise vs. License Update March 2022

1) Licensing is a private agreement between parties whereas Franchising is regulated by the Registrar of Franchise and governed under the Franchise Act 1998;

2) The Licensor have less control over the used of their 'IP Rights' and brands, daily business operations, sourcing of ingredients, quality control, designs & financial reporting by the Licensee whereas the Franchisor have continuous control of all the above of the Franchisee.

3) The Licensor licensed their rights and IP Rights of certain products and confidential information in operating a business in exchange of a one-off licensing fee, commission and etc. whereas the Franchisor franchised their rights to run the exact same business model system in exchange for a one-off franchise fee, marketing, design & royalty fee and etc.

4) Licensing utilises lesser capital investment/license fee in the business whereas Franchising requires a significant amount of capital investment and royalty fee depending on the nature/type of business.

5) Licensing does not have a requirement to register their license with a specific authority whereas Franchising requires registration together with certain disclosures with the Registrar of Franchise.

6) Licensing does not have a specific term whereas Franchising requires a term not less than 5 years.

The above lists are not exhaustive and is not a legal advice. If you like to know more feel free to get in touch with Kanecka for a consult!

Franchise vs. License Update March 2022 1) Licensing is a private agreement between parties whereas Franchising is regulated by the Registrar of Franchise and governed under the Franchise Act 1998; 2) The Licensor have less control over the used of their 'IP Rights' and brands, daily business operat...

19/03/2022

Franchise Update March 2022

Do you know that before you consider to franchise your business, these requirements needs to be satisfied:-

1) A registered private company (i.e. Sdn Bhd) under Companies Commission of Malaysia ('CCM');

2) The company's details on CCM shall not exceed 6 months;

3) Minimum 3 years of business operations, audited accounts and projected profit & loss for both Franchisor and Franchisee;

4) The company has a registered trademark or at least have submitted an application with the Intellectual Property Corporation of Malaysia ('MyIPO');

5) The company must have a business outlet/premise that has been operating for at least 6 months;

6) A franchise agreement and not a license agreement;

7) An operation and training manuals.

The above lists are not exhaustive and will need to comply with the other requirements by the Registrar of Franchise under the Ministry of Domestic Trade and Consumer Affairs ('MDTC') in Malaysia.

If you like to know more about Franchise or License your business, feel free to get in touch with Kanecka for a consult!

Franchise Update March 2022 To Franchise or License? Do you know that before you consider to franchise your business, these requirements needs to be satisfied:- 1) A registered private company (i.e. Sdn Bhd) under Companies Commission of Malaysia ('CCM'); 2) The company's details on CCM shall not ex...

23/01/2022

Patent Update January 2022

Question: How do we know if an invention (i.e. Product, Process or both) is unlikely to infringe on another 3rd party's Patent in a country or other countries?

Answer: Companies or Individuals are encourage to conduct a Freedom To Operate ('FTO') search report as a due diligence in order to minimise such commercial and legal risks for a business.

It is important to note that ignorance of such rights is not a defence under the law unless such due diligence steps are taken.

If you like to know more, feel free to get in touch with Kanecka for a consult!

https://posts.gle/rTnPY3

Patent Update January 2022 Question: How do we know if an invention (i.e. Product, Process or both) is unlikely to infringe on another 3rd party's Patent in a country or other countries? Answer: Companies or Individuals is encourage to conduct a Freedom To Operate ('FTO') search report as a due dili...

17/01/2022

Agreement Update January 2022

At times during contract negotiations we will come across companies which opt to own the Intellectual Property Rights in the "contents created" by the service provider company/individual for marketing and advertising a certain product or services on the basis of "work for hire" due to a particular engagement of services.

In this scenario, to consider this as a "standard practice" is untrue. This may not be a "take it or leave it" situation as it depends on the service provider's negotiation skills and bargaining power. Most terms in a contract can be qualified to a certain extent and only if you have the right expertise to look into it.

If you like to know more, feel free to get in touch with Kanecka for a consult!

See this post by KANECKA on Google: https://posts.gle/S4AfqD

Agreement Update January 2022 At times during contract negotiations we will come across companies which opt to own the Intellectual Property Rights in the "contents created" by the service provider company/individual for marketing and advertising a certain product or services on the basis of "work f...

08/12/2021

Agreement Update December 2021

1) Do you know the difference between a "Confidentiality" and "Non-Disclosure" agreement?

2) For the types of agreement above, whether an "Arbitration Clause" is more suitable than the "Court Clause" instead?

For Item 1, in some cases the purpose is to protect the interest of 1 party only whereas the other can be for both parties.

For Item 2, the type of clause will entirely depend on the intent of the parties such as the nature of the discussion, the objective and commercial practicality of the business.

If you like to know more, feel free to get in touch with Kanecka for a consult!

See this post by KANECKA on Google:

Agreements Update December 2021 1) Do you know the difference between a "Confidentiality" and "Non-Disclosure" agreement? 2) For the types of agreement above, whether an "Arbitration Clause" is more suitable than the "Court Clause" instead? For Item 1, in some cases the purpose is to protect the int...

08/12/2021

An Industrial Design Search without opinion in Malaysia from RM850/- per design subject to T&C* Kanecka

See this post by KANECKA on Google: https://posts.gle/2Vf4eP

08/12/2021

A Copyright Search without opinion in Malaysia from RM650/- per type of work subject to T&C. Kanecka

See this post by KANECKA on Google: https://posts.gle/5t4WBf