Indran Shanmuganathan

Practice Areas

Intellectual Property

Competition Law & Antitrust

Personal Data Protection & Privacy Laws

Career

Indran’s specialist practice involves IP litigation including appellate advocacy spanning over 2 decades of Trademark, Copyright, Patent & Industrial Design disputes. He regularly appears as a recognised Lead Counsel in cutting edge IP cases which are successful landmark precedent cases at the Apex Court. Indran was the Lead Counsel in the historic landmark case MERCK SHARP & DOHME v HOVID BHD which successfully resulted in the extremely rare occurrence of the Apex Court overturning one of its previous decisions. This feat has been achieved only 6 times in Malaysia’s history since 1967 and he currently stands as the only Counsel to achieve this credential in an IP case. Other examples of landmark cases where he successfully overturned decisions at the Apex courts include, the recent case, MUNCHY FOOD INDUSTRIES v HUASIN FOOD INDUSTRIES,and also LIWAYWAY CORPORATION v OISHI GROUP. He is recognised as one of the “World’s leading IP strategists” for litigation strategy and was named “Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia”. He has authored 2 trademark books and is a Domain Name Dispute Resolution Panelist with AIAC. Other practice areas include Enforcement & Arbitration,Competition Law and Data Protection.

•Chambers Asia-Pacific (2019 - 2023) “Band 2” Lawyer in Intellectual Property

Professional Memberships

• Council Member, Asian Patents Attorneys Association of Malaysia (APAA)

• Member of Governing Council, Asean Legal Information Centre (Asean LIC)

• Member, Malaysian Bar

• Member, The Honourable Society of Lincoln’s Inn

• Member, International Bar Association (IBA)

• Member, International Trademarks Association (INTA)

• Member, Malaysian Intellectual Property Association (MIPA)

• Member, Pharmaceutical Trademarks Group (PTMG)

• Member, The Honourable Society of Lincoln’s Inn Alumni Association, Malaysia

• Member, University of Leicester Alumni

Publications

Books

• Co-edited: “Law and Practice of Intellectual Property in Malaysia” – Thomson Reuters (2025)

• Author: “The Annotated Trademarks Act 2019” – Sweet & Maxwell (2021)

• Author: “Trademarks Act 2019 with Overview by Indran Shanmuganathan” – Sweet & Maxwell (2020)

Articles

• Co-Author: “To Split or Not To Split: Bifurcated Trials in Intellectual Property Matters” – The Law Review by Sweet & Maxwell Asia [2025] LR 79

• Co-Author: “A Primer on Fair, Reasonable and Non-Discriminatory (FRAND) Licensing” – The Law Review by Sweet & Maxwell Asia [2023] LR 277 (September 2024)

• Co-Author: “The Interplay between Patents and Trade Secrets” – The Law Review by Sweet & Maxwell Asia [2023] LR 88 (April 2024)

• Co-Author: “ChatGPT: The Pandora’s Box Opened?” – Legal Era Publication (October 2023)

• Co-Author: “ChatGPT: The Next Step in Evolution or an Intellectual Property Minefield?” – The Law Review by Sweet & Maxwell Asia [2023] LR 133 (July 2023)

• Co-Author: “Blinding Colours: Should Single Colour Trademarks Be Registrable?” – The Law Review by Sweet & Maxwell Asia [2023] LR 272 (April 2023)

• Co-Author: “The Position of Trade Mark Disclaimers” – Chambers and Partners Practice Guide (February 2023)

• Co-Author: “The POSITA Position – Ordinary Person or Ordinary Skill?” – Chambers and Partners Practice Guide (January, 2023)

• Co-Author: “Intellectual Property Issues in the Unreal World” – Legal Era Publication (January 2023)

• Co-Author: “Copyright Act 1987 – An Overview of Sections 13A and 13B” – The Law Review by Sweet & Maxwell Asia [2022] LR 350 (January 2023)

• Co-Author: “The Role of Patent Specification in Claim Construction: A Comparative Overview” – The Law Review by Sweet and Maxwell Asia [2022] LR 277 (August 2022)

• Co-Author: “A Crumbs Up from the Federal Court: Munchy Food Industries Sdn Bhd v Huasin Food Industries Sdn Bhd [2021] 8 AMR 405; [2022] 1 MLJ 377” – The Law Review, Volume 1 (2022)

• Co-Author: “Copyright and the Non-Fungible Tokens (NFTs)” – Legal Era Publication (March 2022)

• Co-Author: “Biscuits Bi’te Back!!!” – Legal Era Publication (January 2022)

• Co-Author: “Viability of Celebrity Endorsement Restored” – INTA Publication (August 2021)

• Co-Author “Dependent Claims Fully Restored (Merck Part 2)” – Legal Era Publication (November 2021)

• Co-Author: “Shaping Up Trademark Laws A Good Sign?”– Legal Era Publication (August 2021)

• Co-Author: “The Rise and Fall of SKB Shutters Case: A Brief Look at the Recent Federal Court Case of Merck Sharp & Dohme Corp v Hovid Berhad” – Legal Era Publication (November 2019)

• Co-Author: “Malaysia: Does the new Trademarks Act 2019 advantage plaintiffs?”– Managing IP (November 2019)

• Co-Author: “Merck Finally Shuts the Door of SKB Shutters” – Managing IP-IP Stars (October 2019).

• Co-Author: “Malaysia – Dorpan, S.L. and Melia Hotels International, S.A. v Nusajaya Rise Sdn Bhd [Johor Bahru Civil Suit No.: JA-22IP-05-09/2017]” – Conventus Law (March 2019)

• Co-author: “John Ambulans Malaysia v PJ Uniform Sdn. Bhd. (SAHC 22NCvC-148-02/2013) Civil Appeal No. B-02(NCVC)(W)-2188-11/2016)” – Asia IP (January 2019)

• Author: “In Ratio & Obiter: Lessons from Liwayway Marketing Corporation v. Oishi Public Company Limited” – Asia IP (June 2017)

• Author: “Automobile Component Parts: Registrable Design or Not?” – Asia IP (October 2015)

• Author: “Are Cancellation Actions still a viable option?”– Asia IP (2013)

• Author: “Registered User Conundrum” – Managing IP (July 2013)

• Co-author: “When Fame is Not Enough” – Managing IP (April 2010)

• Co-author: “Use it or Lose it” – Managing IP (December 2009)

• Author: “To Cancel or Not to Cancel?” – Asia IP Focus (October 2009)

• Author: “The Territoriality of Goodwill: The Way Forward in Claims in Passing-off” – Asia IP (2009).

• Author: “Internet Piracy-Copyright Infringement and Adequacy of Malaysian Law” – The Malaysian Accountant (June 2007)

Other Publications

• Co-author: “Trademark Litigation Handbook” – Thomson Reuters (2013, 2017 and 2022)

• Contributor: “The Legal 500: Patent Litigation Country Comparative Guide (Malaysia)” – Legal 500 (2024)

Languages Spoken

English, Malay

Experience

He regularly appears as Lead Counsel in complex and novel cases or appeals which encompass cutting edge IP issues across all levels of the Malaysian courts. Over the last 2 decades, Indran is often sought out for his expertise towards formulating litigation strategies and for IP start-up / management issues. Throughout his litigation career, he has worked with various professionals and experts globally, across various industries to formulate bespoke case strategies tailored for the succinct or variable need in the case. To this end, he has obtained recognition as one of the “World’s leading IP strategists”. His litigated cases have been reported and have also provided, reference and/or precedent value which have also served as landmark decisions.

Education

Awards