IP Enforcement & Anti-Counterfeiting · Malaysia

IP Enforcement Lawyer in Malaysia

We help brand owners, creators and inventors stop counterfeiting and infringement in Malaysia, from cease and desist letters and marketplace takedowns to KPDN complaints, customs notices and High Court action.

IP enforcement lawyer advising on counterfeit goods in Malaysia

What IP Enforcement Covers

Enforcement is the work of stopping infringement and getting a remedy for it. In Malaysia the right route depends on what is being copied, where and by whom, and often more than one route runs at the same time.

We act for brand owners, creators and inventors against counterfeiters, infringers and cybersquatters, and for businesses that have received an infringement claim. Most matters involve registered trademarks under the Trade Marks Act 2019, but we also enforce copyright under the Copyright Act 1987, patents under the Patents Act 1983 and unregistered rights through passing off.

Our articles explain the main routes in more detail. See counterfeiting and enforcement in Malaysia for raids, border measures and court remedies, and brand protection on e-commerce platforms for takedowns on Shopee, Lazada and TikTok Shop.

Enforcement works best when your rights are registered and documented. If you have not yet registered, start with trademark registration or patent filing, and see how enforcement fits into our wider intellectual property practice.

IP enforcement lawyer advising on counterfeit goods in Malaysia

Enforcement Routes at a Glance

No single route suits every case. We compare the options with you and usually start with the quickest and least costly step that can work.

RouteBest forWhat it can achieve
Cease and desist letterA known infringer who may stop when askedAn undertaking to stop and, where agreed, compensation. No court order
Marketplace takedownInfringing listings on Shopee, Lazada, TikTok Shop and similar platformsRemoval of the listing and penalties on the seller. Usually needs a registered mark
Complaint to KPDNCounterfeit goods sold or stored in MalaysiaEnforcement officers can search and seize goods. Prosecution is by the Public Prosecutor
Customs border noticeCounterfeits arriving by importDetention of suspect shipments while the brand owner confirms whether they are fake; goods are released if the owner does not act in time
Domain name complaintCybersquatting and look-alike domainsTransfer or cancellation through the MYNIC policy for .my names or the UDRP for .com and similar
High Court actionSerious or repeated infringement, or where a court order is neededInjunctions, damages or an account of profits, delivery up and destruction of infringing goods

Reviewed by Angie Neoh, Managing Partner. Based on the Trade Marks Act 2019 (civil remedies in ss.56 to 60, groundless threats in s.61, border measures in Part XIII and offences in Part XV), the Copyright Act 1987, the Patents Act 1983 and the Trade Descriptions Act 2011. Last updated 3 October 2026. This page is general information, not legal advice.

From First Complaint to Remedy

Our process starts with your rights and your evidence, because the strength of both decides which routes are open.

1

Review your rights

We confirm what you own: trademark registrations, copyright, patents and any unregistered goodwill. We check the scope of each right against what is being copied, and who owns it.

2

Gather and preserve evidence

We help you collect authentic samples, test purchases, screenshots and dated records, and where needed arrange investigators. Evidence of a counterfeit rather than a mere similarity is what makes enforcement agencies act.

3

Choose the route

We recommend one or more of the routes above, weighing speed, cost, deterrence and whether you need compensation or only to stop the sales.

4

Send the letter or takedown

Many disputes settle after a clear letter or a well supported platform report. We draft with care, because under the Trade Marks Act 2019 a person aggrieved by an unjustified threat can seek a declaration, an injunction or damages.

5

Criminal complaint or border measure

Where goods are physical, we prepare the complaint to KPDN with the documents it needs, and file a notice with Customs so that imports can be detained. The brand owner is a complainant, not a party, in criminal proceedings.

6

Court proceedings

Where necessary we bring or defend High Court proceedings, including applications for urgent interim relief. Remedies can include injunctions, damages or an account of profits, and delivery up and destruction.

7

Settlement and monitoring

Most cases end in an undertaking or settlement. We document it properly and can monitor marketplaces and new filings so that repeat infringement is caught early.

What We Need From You

The more of this you can send with your first email, the faster we can advise.

Bring or send: your registration certificates and application numbers, examples of the genuine product, photos, links or screenshots of the infringing items with dates, any test purchase details and correspondence with the other side. If you have not registered your rights, tell us, because that changes the options.

Your contact partner. Geneive Ngan, Partner, advises on trademarks, patents, copyright and designs, and on licensing and commercialisation. She holds an LLM (Intellectual Property) from Seoul National University. See her profile.

Professional fees depend on the route chosen and how the other side responds. We give you a written estimate before we start, and we do not promise any particular outcome.

IP Enforcement in Malaysia: Common Questions

Straight answers to the questions brand owners ask us most often.

Do I need a registered trademark to take action against a counterfeiter?
A registered trademark gives the strongest and quickest route. Criminal complaints, customs notices and most marketplace takedowns rely on registration. If your mark is not registered you may still have a claim in passing off, but you must prove goodwill and misrepresentation, which takes longer. If you have not yet registered, file first.
How fast can counterfeit goods be seized in Malaysia?
A well documented complaint to the KPDN enforcement division can lead to a raid within days, though timing is not in your control. The brand owner needs authenticated samples, proof of registration, a statutory declaration and specific information about where the goods are. Vague complaints tend to be slow.
Can I claim damages, or only stop the sales?
Criminal enforcement removes goods and can lead to prosecution, but it does not compensate you. A civil claim in the High Court can produce an injunction, damages or an account of profits (with additional damages in counterfeit cases), and delivery up and destruction of the infringing goods. The right mix depends on your goals and the size of the infringement.
Can you remove a listing on Shopee, Lazada or TikTok Shop?
We can prepare and submit the report. Each platform runs an intellectual property reporting process, usually requiring proof of your trademark registration and, where an agent acts, authorisation. Repeat infringers can have their accounts suspended. Read our article on brand protection on e-commerce platforms.
Can a foreign brand owner enforce IP in Malaysia?
Yes. Rights in Malaysia come from Malaysian registrations, or from copyright in works protected here. Foreign brand owners and their overseas counsel instruct us to file, monitor and enforce, including customs notices and court action. Please contact us with your registration details.
What should I do if I receive a cease and desist letter?
Do not ignore it and do not reply until you have advice. We review the claim, check the registration and the alleged infringement and advise whether to dispute it, negotiate or change your product. Under section 61 of the Trade Marks Act 2019 an unjustified threat can itself be actionable, so we also review the other side's letter for that.
What about domain names that copy my brand?
For .my domains, the MYNIC dispute policy lets a trademark owner challenge a bad faith registration. For .com and similar domains, the UDRP applies, and WIPO says a case with no procedural issues should normally be completed within two months of the complaint. We prepare the complaint and the supporting evidence.

Someone Copying Your Brand?

Speak to our IP team in confidence. We act for Malaysian businesses and for overseas brand owners and their foreign counsel.

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