Rahmat Lim & Partners’ IP and technology (IPT) practice group offers the full range of contentious and non-contentious IP-related services and advises on a broad spectrum of protection, management, transactional and enforcement issues. Our IPT practice comprises six IPT lawyers and 18 paralegals and executives who support the practice exclusively.
IP strategy, counselling and portfolio management
Our IPT practice group has experience in the protection and management of non-registrable IP rights, including advising on the clearance and protection of copyrights.
We can offer local clients individual counselling and strategic advice on formulating the best protection for their local and international trademark and patent portfolios. We frequently assist local multinational corporations and government-linked corporations to develop their IP strategies and policies; as part and parcel of this holistic service, we coordinate and manage clients’ IP registration portfolios across the world.
With the costs of IP protection ever increasing, we work closely with clients to tailor search and filing strategies to fit each client’s individual needs, thus adding value. We have a reliable network of foreign associates across Asia, Europe, the Americas and Africa, which we engage to register clients’ trademarks and patents across these jurisdictions.
The IPT practice group also focuses on IP commercialisation, monetisation, exploitation and licensing activities, which may form part of joint ventures or industry-wide licensing programmes. Our IPT lawyers draft and negotiate licences and technology transfer agreements that maximise the value of clients’ trademarks, patents, copyright and trade secrets.
We advise on and undertake IP audits and due diligence exercises. In today’s fast-moving, high-pressure M&A and investment transactions, accurate and comprehensive IP evaluations have become critical. Our in-depth knowledge of IP law allows us to provide thoughtful and accurate answers to investors’ questions and craft contract terms that properly allocate risks. We deliver sophisticated analyses of the IP assets at stake that can help drive a deal.
We also draft and negotiate IT contracts such as computer contracts, internet contracts, R&D agreements for research institutes and corporations, franchising agreements and other related documentation. We also advise on regulatory compliance, including in relation to online, digital and new media initiatives, approvals for franchises, food and drugs, medical devices and gaming matters.
In our contentious IP work, the IPT practice group has extensive experience in all aspects of civil and criminal IP enforcement, including trademarks, passing off, copyright, patents and registered designs.
With our significant enforcement experience, we regularly advise on and craft anti-counterfeiting programmes. We maintain a close rapport with the relevant governmental agencies – the Ministry of Domestic Trade, Cooperatives and Consumerism; the Intellectual Property Corporation of Malaysia; Royal Malaysian Customs; and the Royal Malaysian Police – as well as with reliable and reputable professional investigation firms.
Our IPT practice group rigorously conducts anti-counterfeiting and anti-piracy raids on behalf of foreign multinational corporations, and is familiar with and adept at tackling legal and operational issues that may arise during criminal raid actions. We routinely assist clients in conducting enforcement training programmes, to educate government officials on international best practices and the identification of clients’ genuine goods. We are also regularly requested to conduct watching briefs in criminal litigation resulting from the prosecution of offenders who have been raided.
We have extensive experience in civil litigation. Recognising that litigation can be costly and disruptive, place severe demands on in-house resources and be a management distraction, we are prepared to explore alternative dispute resolution procedures where circumstances permit. When litigation becomes necessary, our key strength is our ability to distil complex legal and technical issues into simple, clear and strategic themes and present cases to judges in a persuasive manner.
Our IPT practice group has been involved in significant and complex patent litigation in the electronic, telecommunication and pharmaceutical fields, and has also litigated extensively on trademarks and passing off. Many of our IP litigation cases are before the specialised IP court within the High Court of Malaya sitting at Kuala Lumpur.
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