Tay & Partners

Show Me the Money: Account of Profits in Malaysian Patent Law

In Malaysia, patent owners can seek damages and injunctions under the Patents Act 1983. Although the Act is silent on accounts of profits, courts have allowed plaintiffs to elect between damages or an account of profits, ensuring informed choice and preventing double recovery.

Aviation Finance and Leasing in Malaysia: Overview of Legal Framework

Aviation finance in Malaysia operates within four layers: the Cape Town Convention, the parties’ chosen governing law, Malaysia’s IIME Act implementing the Convention, and local aviation, insolvency, tax, and regulatory laws that guide financing and enforcement.

Options for Renewal in Leases and Tenancies: Why a Clear Rental Determination Formula Matters?

A recent High Court decision affirmed that a tenant validly exercised an option to renew its tenancy where the agreement included a clear formula for determining renewal rent. The court held that parties must negotiate in good faith using the agreed mechanism, ensuring certainty in renewal clauses.

Founder Exit Checklist: How to Prepare for A Smooth Transaction

Founders planning an exit should fix legal and compliance gaps early. Ensure share capital records, statutory filings, key contracts, property documents, and financing approvals are complete and up to date. Strong governance and readiness help protect valuation and ensure a smooth transaction.

Shielding Directors, Spurring Innovation: The Impact of the Court of Appeal's Ruling

The Court of Appeal reaffirmed that directors who act honestly, in good faith, and with reasonable care are protected from liability even if their decisions fail. The ruling strengthens the business judgment rule, encouraging innovation and risk-taking while highlighting the need to maintain account

One Law to Rule Them All: Inside Malaysia’s Consumer Credit Shake-Up

The Consumer Credit Bill 2025 establishes a unified framework for Malaysia’s fragmented credit market. It introduces licensing/registration for providers, a new Consumer Credit Commission, phased rollout, strict conduct rules, and strong enforcement to protect consumers and curb predatory lending.

“Excuse me, do you mind” The Illusive Right of Privacy in Malaysia

Privacy in Malaysia is inconsistently recognised. Courts have hinted at constitutional protection under Article 5(1), but private law remains unsettled with conflicting case law. Statutory safeguards like the PDPA are fragmented. Comprehensive reform or Federal Court clarity is needed.

Key Updates In Industrial Relations Law: What The 2025 Amendments Mean For Employers And Unions

The Industrial Relations (Amendment) Regulations 2025, effective 15 May, clarify trade union recognition, secret ballot procedures, and unfair dismissal claims. Key changes include voluntary recognition rules, clearer secret ballot processes, and a shorter 30-day withdrawal timeline.

Kingtime v Petronas Carigali: A Landmark Patent Battle That Could Reshape Malaysian Patent Law

Kingtime secures a landmark win against Petronas Carigali as the Court of Appeal reinstates its patents, finds infringement, and awards significant costs. The case sets key precedents that may reshape Malaysian patent law. Tay & Partners' IP team proudly acted for Kingtime.

Cracking the Code: Malaysia’s Latest Personal Data Law Overview

In this age of cyberspace and digital technology, people, businesses, and governments all need to be more careful about data privacy. With cybercrime becoming more common and people becoming more dependent on technology, it is important for everyone to know their rights and take steps to protect the

Stamp Duty Treatment for Transfer of Property by way of Love and Affection

In Budget 2023, the Malaysian government announced a number of changes to the country's economic and tax policies. One of the ideas in the budget has to do with how stamp duty is treated when property is given from one family member to another out of love and affection.

Can You Be Reinstated After Resigning and Accepting Severance Payment?

The law goes as far as to state that an employee or workman may even sign a clause stating that he has no further claim and yet he may still file such a claim.

Data Privacy in the Covid-19 Pandemic

As the Covid-19 pandemic continues its scourge, the Malaysian government imposed a two-week movement control order (“MCO”) that has subsequently been extended for another month, which restricts the free movement of the people.