Trade Marks Law in Malaysia – An Overview

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Trademarks law is one of important components in Intellectual Property course. Recent development in statutory provisions and international conventions has embarked a new dimension in trademark law in Malaysia. It is not within the ambit of this post to discuss the very details of sub-components thereof. Nevertheless, this post serves as an introductory remark in providing the scope and parameter of the relevant subject matter.
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Professor X

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I
12 April, Berlin  
The fact that every compass needle will always point to the Magnetic north is no longer a mystery among the navigators nor a controversy discovery among the geologist or astronomer following the removal of its veil of secrecy many years ago. A compass needle is a magnet in which the arrow that points north has a north magnetic polarity. The North Pole of the earth actually has a south magnetic polarity and therefore attracts the north pole of a magnet of the compass needle.

However, what remains an absolute secrecy is the fact that the magnetic polarity of North Pole of the earth is due to the position of tectonic plates beneath the earth. They are, actually, the source of the earth’s magnetic polarity. But nothing would be more appealing than discovering that those tectonic plates are feely moving as the earth evolves. During the embryonic stage of the age of the earth, the positions of the tectonic plates were at the South Pole. This exposed that, had there been a compass during the ice age, its needle, definitely, will always points to the south! According to the record, Melissa and me disclosed that the tectonic plates moved from the South Pole to the North Pole, as their today’s position, long before the existence of human civilisation. 

 14 September, Frankfurt
CC Max that we both designed functions as electromagnetic device to pinpoint the current position and recent development of the tectonic plates. It took nearly five months for us to locate the exact direction and the pattern of the tectonic plates’ flow. We manage to find out that half of the tectonic plates have already moved toward south! However, such phenomenon doesn’t affect the compass’ reading. We both were unable to figure out its impact toward our ecosystem but Melissa linked the tectonic plates moving with the unusual changing of monsoon direction and the mass migration of tuna and salmons in the Atlantic Ocean.

We had a quarrel after Melissa decided to expose our on-going experiment to the reporters at the press and media conference. She was so quick to point out that these extraordinary phenomenons deserve public and government alertness. I’m not willing to let the public to laugh at her for her immature statement. People do not care about what we have been researched for. They only start to believe once they start to suffer the pain. For me, the impacts of the phenomenon are not devastating enough. I try to stop Melissa. I killed her. 

III
29 November, Ludwigsburg
I continued the research alone. Suddenly, I found that Melissa was correct. The tectonic plates are moving to south in an immense number. The history is about to repeat. The compass needle is about to point south. Only now I manage to discover that once the earth magnetic field changes from north to south, the axial rotation of the earth will also change accordingly. The impacts are severe. The cycle of days and seasons will be dramatically changed, the earth’s rotation is no longer counter-clockwise. Hence, the sun will rise in the west and set in the east!

The unreachable dreams of mine

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Have you ever thought to be somebody else instead of being the original you? This is not an issue whether do you proud of being yourself or do you tired of being realistic. Rather, this is a motion of thought in order to discover your personal potential and the unexplored skills of yourself. I believed that sometimes, partly or substantially, most of our cycles of live were arranged by other persons, especially our family members or even friends. Sometimes, that cycle of live of what we are going to be were destined by fate or usual practice of others. 


Thus, there is a saying like “We already have too much doctors in our family, I really hope that you will be a pilot, my dear son,” or “Most of your family member are able to pay musical instrument very well, I wonder why you don’t have the interest to follow the same path” or  “We can’t afford the university fees, like your brothers and sisters, going to Form 6 would be better,” or “The injury that you sustained previously limits your efficiency. I strongly recommend that your sport life ends here.”

For sure, some might address that “things don’t happened without reasons”, “there are wisdom lies behind the incident” and “it is your destiny, so bare with it”. Yet, others might raise counter argument that “your disabilities and other limitations shall not constitute a bar for your success. You need to try harder”. This is why we have the late Sudiman as a singing lawyer; Haliza Misbun, a legal practitioner who pursue in entertainment industry as a popular actress. Besides, being a soldier (Moorthy case) or even a student (Abang Muqharabbin) was not a bar for them to reach the summit of Everest.

Back to the core of our discussion, I really have a loooot....of dreams that I’ve previously promised to myself, such dreams would not be left merely as dreams per se for at least, out of thousand, one would comes true. Had not I been a student, I really wish to try my luck in extreme sports. Hey.. I’m not joking laa. I never came across the opportunity to do white water rafting, BMX, sphere craze, scuba diving, stand up paddling and surfing. The most that I had tried was skateboarding, which I ended with terrible accident. 

I really wish to be a football manager. I’m not good at playing football but I’m really full of myself that I’m good at “managing other”. I’m wonder if I could end it up, in the future, by managing the Chelsea football team replacing Ancelotti. Aaa....it’s the most wonderful dream I could ever dream of (big smile). Another thing is that, I really wish that I could try my luck in acting. I prefer to be a bad character who always destroys other persons hopes and make the Hero’s life miserable. Haha~ what a cruel character. I’m also interested to play a character portraying a person who is suffering from mental illness or psychosis. When doing my BEL course, I wonder if I could be the main character in The Tales-Tell Heart, an unnamed narrator who insists on his sanity after murdering an old man with a ‘vulture eye’. Creepy isn’it? 

It’s nearly 5 a.m. I think I must stop here for otherwise it would be too late to prepare for my ‘sahur’. I wonder if there is a second post for this topic. Anyway, for this end, I hold that my unreachable dreams will not be unreachable forever so long I put great gut to realize them like the quotation “Never give up, Never surrender” haha~. How’s yours?

Fashion?

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I’m not a quick thinker (definitely), so when it comes to soft debate or social argument amongst family members or even friends, I’ll end it up with my big SILENCE and tend to be talkative when the conversation is already over or new issue emerged. Usually, I would only have my point to counter the others an hour after. So most of the time, I would rather mumbling (alone) to relieve personal dissatisfaction.

I had a small talk with my friends about the way how should we appear in public. It suddenly arose after we saw a boy, presumably 15 years old, with long green spiky hair, wearing pant indigo in colour. Personally, I would rather say though it doesn’t quite suit me, the boy is entitled to express himself at will. And all of a sudden, one of my friends mentioned about my gloomy-dull-unattractive-way of appearance. Ouch! (Haha~).

Instead of simultaneously responding, I’m only ready with the reply two days after our small talk. I already knew the fact that fashion is not about utility. An accessory is merely a piece of   iconography used to express individual identity, their prestige and so does their social status. For me, I put little emphasis or care on other persons’ views regarding my social standing through my clothing, especially when it comes to brand selection. But that did not mean that I don’t even bother on how I should appear in public. As far as I concern, for skinny guy like me, colour combination, size selection, and proper attire count the most. This is of course in the context of casual appearance. When it comes to formal occasion, I’ll make sure that I’m in the best condition for I can’t compromise with my professionalism, on one hand, and goodwill, on the other. I think most people would die doing the same thing, isn’t it?

But hey... I have to maintain or, in other words, fix the cycle throughout the months. There was a time where I collapsed and no identification details on my body. Most of the time, I tried to be along with my identification card, matrix card and hospital plat which embossed with my blood type, rhesus and my illness but sometimes I do left them behind when I go out. Thus, I’ve to maintain my theme and the way how I do usually look so that I can be easily recognised by others. Being in this state, I can't afford to be choosy and idealistic.

To those who barely know me, they might think that I’m numb in my typical look but to those who know me well, in a crowd, they know where and how to find me..

Dad...

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Dear Dad, sometimes I felt initially defeated with my personal defects and lack of inner strength in pursuing your tall orders and ambitious goals. Most of the time I feel like I’m not belongs to you for I’m not even having your qualities. Forgive me for I’m not capable of reaching your expectation and perspective. But if you read this, I really want you to know that every single attempt that I took in whatever task, I just want you to be proud of me even though I already knew that those undertakings, if I manage to succeed, definitely would not be seen as an attempt to compete, nor even replace Leo’s attainments. Perhaps, there is a truth behind your words that “Leo was born with lucky...and I so lucky to be born”. It’s really hurt. Deep inside my heart, I really want you to view me as your legacy and takes great pride in it.

Sometimes, I feel like I’m the person who is destined to fail in life and I really wish that I could make it different. Most of the time, I’m so envy with my colleague who always achieve whatever they want even though I’m full of myself that I have put great energy and afford to get the same things. The one who should be blamed is me. Me alone. But I knew that God promised not to test me more than what I can handle. It is the unshaken faith that I hold continuously. You know Dad, every time we went out together and you met you friends, you always miss to introduce me as your son. I knew that i'm embarrassing you. But you are forgiven dad. As I, too, long to be forgiven.

This is not going to be the end of my attempt for I shall take it as a challenge and retry no matter what it takes, even though I have to forego the state of being alive because nothing would be more alive than hearing from you saying “that’s my boy”.....