The Artist’s Resale Right (‘ARR’), also known by its French name droit de suite, is a legal mechanism that entitles artists (or their heirs) to receive a percentage of the resale price when their original artworks are resold on the secondary market, during the period of copyright protection. According to the World Intellectual Property Organization (‘WIPO’), ARR has been implemented in more than 80 countries, and as of 2023, 106 countries have enacted ARR legislation in their national laws.
Chapter 2 of the Competition Act 2010 prohibits enterprises from abusing a dominant position in any market for goods or services in Malaysia. The objective is to prevent conduct that distorts competition and harms consumers, while allowing legitimate competitive behaviour.
On 5 January 2026, the Ministry of Finance announced several changes to the SST regime in a few key areas. Except for the final change (place of worship), which took effect on 1 July 2025, all changes take effect on 1 January 2026.
This first instalment unpacks the core concepts behind Chapter 1, explains what qualifies as an “agreement”, and highlights the types of conduct that are automatically treated as prohibited cartel behaviour.
The Malaysia Competition Commission (‘MyCC’) is an independent body established under the Competition Commission Act 2010 to enforce the Competition Act 2010. The main role of MyCC is to protect the competitive process, benefiting businesses, consumers and the economy. Pursuant to s 66 of the Competition Act 2010, MyCC has the power to issue guidelines for the better carrying out of the provisions of the Competition Act 2010. These guidelines provide guidance on economic and legal analysis to be used in determining cases and principles to be used in determining any penalty or remedy imposed under the Competition Act.
The Legal Affairs Division of the Prime Minister’s Department has since officiated and implemented the Code of Practice for Third Party Funding, with it coming into operation on 1 January 2026. The Code of Practice is an important guideline to complement the enforcement of “light touch regulatory framework”. The Code of Practice sets out the ethical standards and minimum practices that all third-party funders in Malaysian arbitrations are expected to comply with when they fund arbitration claims in return for a share of the recovery.
The World Anti-Doping Agency (WADA) reports that the 2026 List of Prohibited Substances and Methods (‘the List’) came into force on 1 January 2026 bringing about several major modifications.
The Online Safety Act 2025 (‘the Act’) comes into force 1 January 2026. It is an Act to enhance and promote online safety in Malaysia by regulating harmful content and providing for duties and obligations of the application service providers, content application service providers and network service providers. The Act was introduced to address harmful content by placing clear responsibilities on licensed service providers where it aims to make the internet safer for everyone in Malaysia by making service providers more responsible. This in turn safeguards the public from harmful online content.
The appellant, alleged that the respondents were negligent in several respects, including failing to properly diagnose foetal distress, failing to ensure the availability of a paediatrician or neonatal specialist, failing to have proper systems in place for emergency referral, and delaying the transfer of the newborn to a hospital with neonatal intensive care facilities. It was contended that these failures collectively resulted in hypoxic injury, leading to cerebral palsy.
The respondent, a Turkish company, exported steel reinforcing bar (‘rebar’) into Malaysia through its intermediary. The Malaysian Steel Association petitioned to the Minister of International Trade and Industry (‘second appellant’), pursuant to the Countervailing and Anti-Dumping Duties Act 1993 (‘the CADD’), to conduct an anti-dumping investigation on rebar from Singapore and Turkey.
Written by Poovarasan Nalechami Introduction This case focuses on the scope of participation by creditors in judicial management proceedings under the Companies Act 2016 and the Companies (Corporate Rescue Mechanism) Rules 2018 (‘the CRM Rules’).…
The United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation (‘the Convention’) was adopted by the United Nations General Assembly on 20 December 2018, and subsequently came into force on the 12 September 2020. Malaysia being a signatory of the Convention, is desirous of ratifying the convention and thereby becoming a Party to the Convention.
Written by Farah Aqila Background The Court of Appeal has delivered a significant decision reining in the Industrial Court’s power to join or substitute non-employer companies in employment disputes. The ruling firmly restores the primacy…
The respondent, Ting Siu Hua, was appointed as a promoter or junket by the Huang Group, which operated arrangements with the Naga Casino in Cambodia. As a junket promoter, the respondent was entitled to commissions for bringing in affluent players, primarily from Sarawak to gamble at the casino. In early 2015, the respondent organised a two-day gambling trip for the appellant, Dato’ Ting Ching Lee, and four other individuals. At the appellant’s request, Huang Group extended credit facilities amounting to USD1.5 million and a rolling rebate of USD193,800 to enable gambling at the casino.
Following the trip, the appellant alleged that the respondent wrote and published or caused to be written or published defamatory statements in local Chinese newspapers and on social media alleging that the appellant and two other individuals owed gambling debts to the Huang Group. This led to a defamation suit filed by the appellant and the others against the respondent. The respondent counterclaimed, seeking recovery of the credit facilities extended for gambling form the appellant.
An exhausted cabin crew member vents on Instagram. A screenshot travels. A dismissal letter follows. Two years later, the Industrial Court delivers a reminder: private frustration is not gross misconduct that warrants dismissal.
On 3 December 2025, Malaysia’s House of Representatives (Dewan Rakyat) passed the Anti Bully Bill 2025 (‘the Bill’). The Bill aims to provide mechanisms to address complaints of bullying as well as prevention and management of bullying cases. The Bill also provides for the establishment of a Tribunal for Anti-Bully as well as to raise awareness of bullying and the prevention of bullying.
The case arose when Sri Sanjeevan, after being detained under the Prevention of Crime Act 1959 (‘the POCA’), obtained a writ of habeas corpus on grounds that his detention contravened mandatory procedural requirements. The High Court found in his favour, and he sought damages for false imprisonment, arguing that the habeas corpus order proved the wrongful nature of his detention. However, his victory in the High Court was overturned by the Court of Appeal, leading to the present Federal Court appeal.
The focus of this case is on the extent of protection afforded to a subsequent purchaser or chargee under the Torrens system and the National Land Code. The dispute is on whether Malayan Banking Berhad, as a chargee who relied on the land register, acquired an indefeasible interest in land despite defects in the underlying transaction between the earlier parties. The courts were required to determine whether a bank has a legal duty to investigate prior sale transactions before accepting a charge, and what constitutes ‘good faith’ under s 340(3) of the NLC. The case reflects the tension between commercial certainty in land dealings and the protection of unregistered interests.
In Ross v Garvey, the co-owner brothers Matthew and Kyle Garvey listed their property for sale and negotiated directly with Daniel Ross, a realtor and developer. After rejecting Ross’s initial offer, Kyle emailed a ‘counter-offer’ from the brothers’ shared email account, attaching an amended version of the standard-form contract but without any signatures. Ross immediately accepted by email, signed the documents electronically, and Kyle responded with a thumbs-up emoji in a text message. The next day, Matthew intervened, stating he had neither reviewed nor approved the documents and that nothing had been signed. The Garveys later sold the property to third parties. Ross brought a legal action against the Garveys, arguing that the emailed counteroffer and the thumbs-up emoji via text message formed a binding contract.
The respondent was a registered manufacturer under the Sales Tax (Persons Exempted From Payment Of Tax) Order 2018. However, as a franchise holder of locally assembled manufacturer for motorcycles (both below and above 250cc), the respondent was not eligible to claim for the exemption under PU(A) 210.