Inchoate Agreement

July 22, 2015

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Image courtesy of Jeroen van Oostrom at FreeDigitalPhotos.net In practice, the parties in the contract negotiation do not move from total non-agreement to complete agreement at once, except in the simplest contract. The parties may reach consensus on those undisputed terms and clauses first, and leave some questions to be resolved at a later date […]

Posted in: Contract Law

Software Copyright

April 23, 2015

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The creator of computer software may entitle dual intellectual property rights (IPRs) protection – copyright and patent. Of course, it must meet the subsistence requirements of each IPR. However, I will only discuss the copyright of computer software at this juncture. Copyright of computer software In general, the computer software will gain copyright protection if: […]

Database Right

April 22, 2015

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The world is moving towards the era of big data. But before we reach there, the current information economy has placed considerable value in databases, especially customer contacts, shopping, travelling and spending behavior, traffic data, customer credit rating, stock exchange price movement and transactions and etc. Thus, does the creator (or the collector) have any […]

Withholding Tax In Brief

April 20, 2015

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When a corporate counsel negotiate for a cross border transaction with a customer from an uncharted territory, it is important to understand the withholding tax (WHT) requirements of the customer’s residence country. In short, WHT is imposed on non-residents (seller) who has business dealings within a tax jurisdiction. The law will require the customer to […]

Permanent Establishment Risk

April 17, 2015

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When one draft, review or negotiate for an international trade contract, as or for seller (or exporter), it is essential to have fundamental knowledge on local taxation, to minimize the risk of ‘permanent establishment’ (PE). In brief, when the seller is carrying on the business at another country, the latter tax regime may view the […]

Competition Law In Brief

April 15, 2015

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Malaysia is relatively a new jurisdiction in the development and enforcement of competition law. The principal legislation, i.e. Competition Act 2010, is enforceable from 2012. Competition law, also known as antitrust law or antimonopoly law, which is promoting market competition by regulating anti-competitive conducts of the commercial entities. Therefore, the commercial contracts within the jurisdictions […]