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

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.