PRACTICE AREAS

INTELLECTUAL PROPERTY

TRADE MARKS

  • Advice on Trade mark classification, principles of registrability of trade marks, distinctive and non-distinctive trade marks, colour(s) of trade marks, priority, disclaimer, honest concurrent use, letters of consent, assignment of trade marks, certification trade marks, defensive trade marks, well known trade marks, unregistered trade marks, etc
  • Searches, applications, registration and prosecution of trade marks in Malaysia, Gulf Corporation Council countries and other Middle East countries such as Morocco, Tangiers, China, India, Taiwan, Asean countries, other Asian countries, Australia, New Zealand, USA, United Kingdom, Europe, etc.
  • Protection of trade marks, brands, trade names, service marks, trade secrets and other confidential information
  • Infringement and passing off trade marks
  • Alterations of registered trade marks
  • Registered user of trade marks
  • Notarization and legalization of Powers of Attorney
  • Submissions to overcome Objections of identical trade mark in respect of same goods or services or that which so nearly resembles such a trade mark as is likely to deceive or cause confusion
  • Overcoming Oppositions of Trade Marks

 

INDUSTRIAL DESIGN

  • Application, registration and prosecution of industrial designs in Malaysia

 

GEOGRAPHICAL INDICATIONS

 

COPYRIGHT

  • Dealings with rights in copyrighted works including assignment and licenses, prospective ownership of copyright, agreements with publisher and author, royalties/licence fees, assertion of moral rights, publication, distribution and sale of work, etc
  • Infringement of Copyright
  • Copyright Voluntary Notification

 

LICENSING of works (literary, musical or artistic works) or other Intellectual Property

 

MUSIC INDUSTRY

  • Drafting agreements including digital distribution deals streaming of music; social media agreements, celebrity endorsements, merchandising
  • Copyright issues

 

FRANCHISING

  • Advising on Franchise Act 1998 – statutory definition of franchisor, franchisee, franchise agreement, franchise broker, master franchisee, registration of franchisor and local franchisee, registration of franchisee of foreign franchisor, Promotion Fund, competitive business, termination, offences and penalties
  • Differences between franchising and licensing
  • Development of Franchise, franchise fee, management fee, royalties, proprietary rights, initial investment, pre-opening legal compliance, operation and management of outlet, purchase of inventory, marketing A&P fund, obligations of franchise, franchisor and franchisee, training, technical support, accounts and inspection, operations audit, insurance, change in management control and transfer/assignment of business, etc
  • Disclosure Document, Operating Manual, Identity Manual, Marketing Manual,Training Manual, etc
  • Franchise Checklists and Procedure

 

PERSONAL DATA PROTECTION

STRATA MANAGEMENT

Ms YP Cheong together with 2 other members represented the Bar Council in the Select Drafting Committee of the Ministry of Housing responsible for drafting the Strata Management Act 2013 (Act 757).

She was also part of a 3-member Consultant group tasked with drafting the Strata Management (Maintenance and Management) Regulations 2015.

She represented the Bar Council in the Working Group of the Ministry of Housing to draft amendments and Regulations to the Building and Common Property (Maintenance & Management) Act 2007 and Strata Titles Act 1985 (Act 318).

YP Cheong & Co (“the Firm”) troubleshoots problematic issues including disputes between purchasers, developer and Joint Management Body/Management Corporations.

The Firm advises on the strata management issues including:

  • Troubleshooting problematic issues including disputes on share units
  • Application of the Strata Management Act 2013 and Strata Titles Act 1985
  • Joint Management Bodies and Management Corporation
  • Schedule of Parcels and amendments
  • Strata management before existence of management corporation
  • Allocated Share Units
  • Duties of developer, Joint Management Body and Management Corporation
  • Maintenance Account and Sinking Fund Charges and contribution to Sinking Fund
  • Practical issues of handing over by developer to Joint Management Body
  • Vesting of monies
  • Annual General Meetings and Extraordinary Meetings issues
  • Voting by poll
  • Payment of Charges by Developer in respect of unsold parcels
  • Procedure of recovery of unpaid Charges and attachment
  • Subsidiary Management Corporation
  • By-laws
  • Easements
  • Filing of claims with the Strata Management Tribunal and other procedure
  • Managing Agent and bond

CONVEYANCING - PROPERTY TRANSACTIONS

  • Best practices
  • Advising on practical aspects and on-the- ground application of the relevant legislation
  • All property transactions (with and without titles) including different types of sale and purchase agreements and sub-sales
  • Redemption of properties and titles, Receipt and Reassignment
  • How to avoid conflict of interest
  • How to comply with land registry/office technical issues
  • Application for consent in respect of restrictions in interest
  • Advising on Rules and Rulings of the Bar Council and Legal Profession Act 1976 with respect to conveyancing practice
  • Advice on loan documentation
  • Different aspects of stamp duty – calculation of ad valorem stamp duty, remission of stamp duty and adjudication
  • How to comply with applicable provisions of Real Property Gains Tax Act 1976 and updating on latest issues
  • Stakeholding
  • Advice on s.22D of Housing Development (Control & Licensing) Act 1966 and amendments

CORPORATE & BUSINESS TRANSACTIONS

Practice Areas

  • Commercial Contracts
  • Contracts of the Automotive Industry
  • Joint Venture Agreements
  • Shareholders Agreements
  • Sale & Purchase of Shares and Businesses
  • Drafting specialized Articles of Association
  • Resolutions

PROPERTY DEVELOPMENT

  • Advising on relevant legislation such as Housing Development (Control & Licensing) Act 1966 and Regulations, Strata Titles Act 1985, Strata Management Act 2013 and Regulations, National Land Code
  • Advising on standard Schedules G and H of Housing Development (Control & Licensing) Regulations and its amendments
  • Acting as lead lawyer for mixed development consisting of residential parcels, commercial parcels, shopping mall, medical centres, etc
  • Phased Development Issues – identifying delineation of common property and limited common property, shared common property and shared limited common property; highlighting problems associated with common property and future limited common property in view of different usage of each block;
  • Advising on proposed share units and allocation of maintenance charges of each parcel
  • Advising on Schedule of Parcels
  • Highlighting problems of delivery of common facilities and exclusive limited common facilities and to suggest the legal mechanism to deal with it.
  • Drafting specialized commercial sale and purchase agreement
  • Management and maintenance of provisional blocks
  • Drafting additional By-laws for commercial and residential development
  • Gated Community