IDEAS home Printed from https://ideas.repec.org/a/bcp/journl/v9y2025issue-8p206-215.html
   My bibliography  Save this article

Resolving Intellectual Property Disputes Through Arbitration in Malaysia: Comparative Analysis With Hong Kong And Singapore

Author

Listed:
  • Fatin Syafiqah Muhsin

    (Faculty of Law, University Technology MARA, Shah Alam, MALAYSIA)

  • Wan nor Ramizah Amani Wan Remali

    (Illiayas, Law Firm, Kuala Lumpur, MALAYSIA)

  • Nur Ezan Rahmat

    (Faculty of Law, University Technology MARA, Shah Alam, MALAYSIA)

Abstract

The significant development in technologies and innovations has led to the rise in the issuance of patents, trademarks and registrability of domain names. This progression tends to trigger friction between related parties, causing intellectual property (IP) disputes to become more common among businesses. With the rising number of IP cases, it is essential to consider proper dispute resolution mechanisms to resolve such issues, possibly by implementing specific statutory provisions. This paper aims to analyse and provide a better understanding of the significance of Alternative Dispute Resolution (ADR), particularly arbitration, in respect of resolving IP disputes in Malaysia. In this study, doctrinal research and a qualitative approach were employed by analysing the existing legal framework of the arbitration of IP dispute resolution in Malaysia and the selected jurisdiction of Hong Kong and Singapore. The Malaysian legislation on arbitration of IP disputes will be compared to these two jurisdictions, which serve as a benchmark for the implementation of relevant legislation governing IP dispute resolution. This study may contribute to providing knowledge to members of the public regarding the arbitration of IP disputes, thus considering arbitration as the means to resolve such disputes. Pertaining to the analysis of the existing law, it is imperative to scrutinise the Malaysian arbitration law in determining the arbitration of IP matters and to encourage the utilisation of arbitration as a powerful and convenient tool for resolving IP disputes outside the court.

Suggested Citation

  • Fatin Syafiqah Muhsin & Wan nor Ramizah Amani Wan Remali & Nur Ezan Rahmat, 2025. "Resolving Intellectual Property Disputes Through Arbitration in Malaysia: Comparative Analysis With Hong Kong And Singapore," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(8), pages 206-215, August.
  • Handle: RePEc:bcp:journl:v:9:y:2025:issue-8:p:206-215
    as

    Download full text from publisher

    File URL: https://www.rsisinternational.org/journals/ijriss/Digital-Library/volume-9-issue-8/206-215.pdf
    Download Restriction: no

    File URL: https://rsisinternational.org/journals/ijriss/articles/resolving-intellectual-property-disputes-through-arbitration-in-malaysia-comparative-analysis-with-hong-kong-and-singapore/
    Download Restriction: no
    ---><---

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bcp:journl:v:9:y:2025:issue-8:p:206-215. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dr. Pawan Verma (email available below). General contact details of provider: https://rsisinternational.org/journals/ijriss/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.