Arbitration & Alternative Dispute Resolution
Aviation
Banking & Finance
Capital Markets
Commercial Law
Companies & Company Secretarial Support
Competition Law
Construction
Dispute Resolution
Employment & Industrial Relations
Energy
Foreign Investment
Information & Communications Technology
Insolvency & Restructuring
Insurance
Intellectual Property
Land
Media Law
Medical Law & Healthcare
Mergers & Acquisitions
Personal Data Protection & Privacy
Tax
Unit Trusts & Investment Funds
Wills, Probate & Administration
Information & Communications Technology
 
Service

IT Contracts


Much of our practice involves drafting, reviewing and negotiating contracts and arrangements relating to the supply of IT systems and services, turnkey projects, procurement, outsourcing, maintenance and support services, service level agreements, software development and licensing, software distribution escrow arrangements, network security and encryption. Such contracts are often large-scale and mission-critical agreements. In addition, we sometimes act as escrow agents. 


E-commerce and the Internet


We have experience in advising on intellectual property management in a digital environment, website design and hosting, social networking sites, B2B and B2C portals, website terms and conditions, on-line content review and compliance, consumer protection and marketing issues, internet payment and settlement systems, internet banking, e-procurement, on-line delivery of goods and services, electronic record keeping and evidence, the registration of domain names, computer security, fraud, hacking, anti-spamming, software piracy online, protection and enforcement of copyright and trade marks online, the use of trade marks as meta tags, sale of trade marks as keywords, pop-up advertisements, digital rights management, regulatory and licensing requirements involving gaming, auctions and content provision services provided through the mobile phone and Internet platforms.


Communications


Clients often seek our advice on the regulatory and licensing regime under the Communications and Multimedia Act 1998 (including access, universal service provision, network, rates and content regulation and convergence issues), applications for class and individual licences, supply of equipment and services, interconnect and mobile data agreements, foreign equity restrictions and consumer forums. A notable project that we were involved in was the mobile number portability (MNP) clearinghouse services project spearheaded by the Malaysian Communications and Multimedia Commission (MCMC) where we represented the main contractor in respect of its agreements with the MCMC and the mobile cellular providers. 


Multimedia Super Corridor and Flagship Applications


We were involved in Multimedia Super Corridor (“MSC”) initiatives from their inception, having negotiated, structured and prepared documentation for three MSC flagship applications, i.e. Smart School, Government MultiPurpose smartcard and e-Government. 


Corporate and Commercial


Often working with colleagues from the Corporate & Commercial Practice Group, we advise on various asset and share acquisitions, joint ventures and shareholder arrangements in ICT companies, including advising on the ownership and licensing of their software and associated IP rights, and regulatory issues.


Disputes


From time to time, disputes arise from IT project rollouts. Our breadth of experience in IT contracts and our indepth knowledge of the industry enable us to negotiate and work out effective practical solutions for our clients. Our experience also includes advising on disputes involving the internet and arbitration proceedings under the ICANN Uniform Dispute Resolution Policy against cybersquatters.


Clients


Our clients are diverse, including IT vendors, service providers, start-ups, multinationals, banks, insurance companies, manufacturers and retailers.


Recognition


The ICT practice is highly recommended in the area of IT, Telco and Media in Asialaw Profiles 2015, 2016 & 2017. It is also highly ranked in the 2015, 2016 & 2017 publications of Asia Pacific Legal 500. In the In-House Community Survey 2017 conducted by the legal publication ASIAN-MENA COUNSEL, the firm received honourable mention in the category of Telecommunications, Media & Technology, among others. Partner Tong Lai Ling is listed as a Leading Individual in the Asia Pacific Legal 500 for the years 2014 - 2017 and as a Recommended Individual in Asialaw Profiles 2013 and 2015.




Contacts


Chew Phye Keat
Partner - Head of Intellectual Property & Technology
and Head of Corporate & Commercial
+603-26949999 (Ext 205)
chewphyekeat@rdl.com.my
Tong Lai Ling
Partner - Information & Communications Technology
+603-26949999 (Ext 198)
tonglailing@rdl.com.my
   
 
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