Articles

The Essentials of Copyright Law

Copyright is just one of the areas of intellectual property and intellectual property can quite simply be defined as “the result of one’s creativity” or anything which is in reference to a creation of the mind. These include any kind of invention, design, written work or drawing. It is just like any other property, save for the fact that it is in intangible form. In turn, intellectual property law seeks to protect this human creativity. There are many areas in intellectual…

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Between time being of essence and equity

As a starting point, the general rules on the failure to complete by a stipulated time are provided for under section 56 of the Contracts Act 1950. These provisions are reproduced in verbatim as follows:- Effect of failure to perform at fixed time, in contract in which time is essential 56. (1) When a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing…

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Section 131(1) of the Malaysian Companies Act 1965 and duty to account for profits under Regal (Hastings) Ltd. v. Gulliver

A question arose as to whether the need to disclose secret profits to shareholders pursuant to Regal (Hastings) Ltd. v Gulliver [1967] 2 AC 134 is redundant in light of s.131(1) of the Companies Act 1965 (“CA 1965“).  First of all, s.131(1) of the Companies Act 1965 concerns with disclosure to directors whereas Regal (Hastings) Ltd. v Gulliver concerns with disclosure to shareholders, and there is a very good reason to it. The rule of relevance here is the rule of equity which…

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