Intellectual Property

July 24, 2021

When disputes arise from the misuse or misappropriation of intellectual property, we have experienced professionals to protect and assert our clients’ best interests. We appear before all levels of court and regulatory bodies.

These contracts will often involve special skills in intellectual property. Especially copyright and trade practices which involves distribution structures and strategic alliances between market leaders regularly and require scrutiny from a competition law perspective. Copyright grants and protects a number of exclusive rights, including the right to reproduce or display all or any substantial part of a work, including artistic works, musical works, dramatic works, literary works and new media content. Whether through litigation or arbitration of these disputes, our team are capable of providing cost-effective, timely and innovative service to meet our clients’ objectives.

Litigation

We have a large portfolio of clients which consists of individuals, government linked companies, body corporations and public listed organisations, where we render our services in litigation matters which covers areas such as civil, commercial, banking, intellectual property, estate administration, insolvency, construction and arbitration, and also dispute resolution. We are involved both in instituting proceedings and defending claims brought by and against our clients. Our litigation experience extends to all superior courts including the Court of Appeal and the Federal Court. We have been engaged both in small and complex matters.

Our team at S Murthi has a wealth of experience in handling complex commercial litigation in a wide range of business disputes. Mindful of the cost and time involved in litigation, members of our team seek to find efficient, cost‑effective, negotiated solutions for our clients’ commercial disputes wherever possible. Our lawyers work closely with other lawyers within the firm as part of a cross‑disciplinary team, drawing on the skills and knowledge of lawyers in tax, commercial transactions, banking and finance, securities, intellectual property, and other areas as the need arises.

Property

Our practice includes advising our clients in various phases of property development including matters relating to end financing, bridging loan and sales of properties developed by our clients. Our professional service includes preparation of various types of documentation for development and sales of properties.

We have handled numerous sales and purchase transactions for various types of properties ranging from residential, commercial, industrial properties, vacant land, and other buildings. We have advised our clients on various type of licensing, leases and tenancies of residential premises, office spaces, commercial and industrial land.

Insolvency

Our team has broad industry experience with court-governed insolvency and have acted for wide range of parties. As we all know, Insolvency is a state of financial distress in which a business or person is unable to pay their bills. The main types of insolvency appointments that we handle are liquidation/winding up which involves collection, preservation, and realization of all assets of the company for distribution to creditors in accordance with the statutory and common law priorities, instigated by the company itself or its creditors.

We also handle matters related to receivership, whereby the receiver realizes assets of the company on behalf of the secured creditor, instigated by the secured creditor to protect and enforce its rights under the terms of its security Voluntary Administration/Deed of Company Arrangement.

Further, we also handle bankruptcy cases instituted by the individuals themselves or their creditors. We also handle post-bankruptcy proceedings including realization of assets, and income distribution to creditors.

Industrial Law

We offer advisory and litigation services on a range employment and industrial relation matters. Our experience extends to the following areas which includes general advice on Malaysian employment laws particularly which relates to the Employment Act, Industrial Relations Act. In addition to drafting company policies relating to employment matters, we also draft individual contracts of employment.

When it comes to industrial law, we also provide professional advice on termination of service for employees, including disciplinary proceeding in the company, and domestic inquiries. Litigation proceedings in the Industrial Courts are also part of our expertise.

Corporate & Commercial

We advise international, domestic, public, and private companies. Our area of practice includes but is not limited to general corporate advice, joint ventures, partnerships, corporate housekeeping, commercial contracts, technology licensing supply agreements, distribution agreements and corporate restructuring and management buy-out.

We provide expert support and advice to our clients through all stages of corporate growth, overseeing the ongoing legal aspects of that growth and financial success. Our teams of lawyers are well-versed and have extensive experience in all branches relating to corporate and commercial law which will able us to deliver service with value.

Intellectual Property

Information Technology

The core of our IT legal practice generally involves contractual work around a wide variety of IT transactions. These transactions include software licenses, distribution agreements for hardware and software, maintenance and support agreements for hardware and software, IT consulting and services agreements, teaming agreements, equipment supply agreements, disaster recovery agreements, escrow agreements, software development agreements and systems integration agreements. They also include agreements in electronic data interchange (EDI), multimedia and government procurement.

Our team has experience in all matters related to privacy and data collection. In addition, we have extensive experience assisting clients in developing appropriate privacy policies to comply with applicable legislation. We also undertake litigation works related to information technology contracts.

Construction & Arbitration

We provide professional legal services to those involved in the construction industry. This includes contractors, financiers, consultants, subcontractors, project managers and others. Our experience and market knowledge enables us to provide practical, timely and effective legal support throughout the construction process.

The type of work includes ‘front-end” and “back-end” work. “Front-end” work involves advice in relation to the tendering process, to contract formation and the drafting of project documentation. Our advisory expertise during construction is also important. The “back-end” work involves advice on claims preparation and defence and dispute resolution. Dispute resolution techniques are well developed in the building and construction industries and include mediation, expert determination (binding and non-binding), expedited arbitration, domestic and litigation.

Our areas of work include commercial, office, retail, industrial and high-rise residential and mixed developments. In addition, we are also actively involved in arbitration proceedings.

Banking

We prepare legal documents which embody and facilitate the range of products offered by financial institutions, providing more general legal advice that may be necessary due to any individual peculiarities of a particular financial transaction. Our experience extends from domestic transactions to multinational financings and restructurings.

The regulatory aspect involves advising financial institutions of the various licensing, control, capital adequacy and general legal requirements that they must comply with as participants in the industry. Financial institutions must comply with the regulatory requirements of the Central Bank Act, Banking and Financial Institutions Act and other subsidiary legislations, together with observing the special legal requirements arising from the nature of the relationships of banker/customer and lender/borrower.

The transactional aspect largely involves the perusing of documents which create and secure a multitude of financial transactions, including retail/consumer lending regulated by Consumer laws, including personal/housing loans, leasing, and continuing credit contracts. Apart from that, we also specialize in securitization, commercial and structured financing. We also undertake banking litigation works.

Intellectual Property

We stand ready to represent you.

Whether it’s advisory services or top-level representation that you need, our lawyers are ready to stand by you and help you solve your legal challenges. For insights and solutions that work, talk to us today.

S. Murthi and Associates

S. Murthi and Associates