The Malaysian Trade Marks Act has been amended to comply with the provisions of the TRIPs Agreement. The principal amendments are summarized below.

Parts A and B of the Register have been abolished so that all marks will be entered on a single Register.

Provisions have been introduced for the protection of well-known marks so that a mark identical to or similar with a well-known mark covering the same goods or services will not be accepted for registration in the name of a third party. In addition, the proprietor of a well-known mark may obtain an injunction to restrain the use of an identical or similar mark for the same goods or services by a third party where such use is likely to cause deception or confusion although the proprietor does not carry on any business or have any goodwill in Malaysia.

Border enforcement measures have been introduced and trademark owners may apply to the Registrar to prohibit the importation of infringing goods. Upon approval of the application, the authorized Customs Officer will be notified and will seize and detain the infringing goods.

The amended Act applies to all applications filed after August 1, 2001.