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Date: February 14, 2020

⚖️ Can a person be liable for a Company’s Trademark Infringement?

📰 It was decided in Chanel v. Melwani2 International Sdn Bhd, Lachmandas Ishwarlal Melwani & Ang Chong Leng, that an individual can be made liable for a Company’s Trademark Infringement. Courts are more willing to lift the corporate veil where it is justified. Hence, a director who continues

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🛡️ What protection is provided against the use of secret information by employees or former employees ❓

🗎 The business that holds the trade secret is responsible for making every effort it can to keep it confidential. Employees can be required to sign agreements that protect trade secrets. In particular, when contractors or employees leave, it is important to make sure that they will not compete

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🕵️ Is it possible to sell and license trade secrets❓🤝

⚖️ Trade secrets are property rights and can be assigned or licensed to other persons. The holder of trade secret has the right to authorize a third party to access and use the trade secret information.

📝 However, due to the secret nature of trade secret information, it is not always easy for

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🛑 Where does the burden lie in a cancellation proceeding❓

👨‍⚖️ In a recent decision delivered by the Federal Court, an appeal against the decision of the Court of Appeal was allowed. In essence, the Federal Court held a cancellation proceeding that is on the basis of non-use has to establish a prima facie case that the applicant is indeed no using

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