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Malaysia Joins the Madrid System

Malaysia joined the Madrid System as its 106th member on 27th September 2019, when the Government of Malaysia deposited its instrument of accession to the Madrid Protocol with the Director General of the World Intellectual Property Organization (WIPO).  The Madrid Protocol will come into force in Malaysia on 27th December 2019, if the new Trademarks … Read more

Treatment of Disbursements and Reimbursements for Service Tax Purposes

The Royal Malaysian Customs Department recently released Minutes of Meeting No. 1/2018 of the Technical Committee on Sales Tax and Service Tax Implementation Issues.  One of the issues raised at the meeting was the taxability of disbursements and reimbursements.  Service tax is charged and levied by reference to the value of taxable service. The Royal … Read more

The Issue of Degree of Control in Contracts for Services of Independent Contractors.

The issue of the degree of control exercised on an independent contractor was recently considered by the Industrial Court in the case of Noor Asilah Binti Abdull Rahman v Columbia Asia Sdn Bhd (Award No. 2019/2019).   The Claimant, Noor Asilah binti Abdull Rahman had entered into a Resident Consultant Agreement (“Consultant Agreement”) with Columbia … Read more

Inland Revenue Board Issues Guidelines On Taxation of Electronic Commerce Transactions

The Inland Revenue Board recently uploaded its revised Guidelines on Taxation of Electronic Commerce Transactions on its website.  The Guidelines can be downloaded here. As there are currently no specific provisions under the Income Tax Act, 1967 governing taxation of electronic commerce transactions, the Inland Revenue Board seeks to provide some guidance on the income … Read more

Raja Eileen Soraya and Charlaine Chin are re-elected as President and Exco Member respectively of the Medico-Legal Society of Malaysia

Our partner, Raja Eileen Soraya binti Raja Aman, has been re-elected as the President of the Medico-Legal Society of Malaysia (“MLSM”) whilst another of our partners, Charlaine Adrienne Chin, has been re-elected as one of the members of the Executive Committee of the MLSM, both for the 2019-2020 term. Approved by the Registrar of Societies … Read more

Trademarks Bill 2019

The Trademarks Bill 2019 (“the Bill”) was recently passed by the Dewan Rakyat. For easy reference, the infographic sets out the expected changes which will be brought about, however, please bear in mind that the Bill is still subject to further amendments until the Trademarks Act comes into force. 26th July 2019 (Update): The Trademarks Bill … Read more

Hor Shirley is the New Deputy President of the Malaysian Institute of Arbitrators

Our partner, Hor Shirley, has been elected as the Deputy President of the Malaysian Institute of Arbitrators (MIArb) for the 2019-2021 term. Shirley previously served as Vice-President of MIArb from 2015-2017, Honorary Secretary from 2012-2015 and Council Member from 2011-2012. The MIArb is a non-profit and non-governmental organisation that aims to promote the determination of … Read more