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Shearn Delamore & Co.

Timothy Siaw

Timothy Siaw

Partner

Expertise

  • Intellectual Property
  • Technology, Media & Telco

WSG Practice Industries

Activity

WSG Leadership

Patent Law Workshop Group
Member
INTA Group
Member
Patent Law Group
Member
Profile
Timothy Siaw is one of the partners in the Intellectual Property and Technology Department of Shearn Delamore & Co. He has degrees in science and law from Monash University, Australia. Timothy has been in practice for over 25 years as an IP and Technology lawyer and a registered patent agent.

Timothy has extensive experience in all areas of Intellectual Property and Technology with a focus on Patents, Life Sciences, IP Litigation and FinTech. He is also experienced in the Internet, Media, e-Commerce, Data Protection laws as well as Franchising, Anti-Counterfeiting and Consumer Protection laws.

He is the Vice-President of the FICPI Malaysia, a Vice-Chair of the E-Commerce Law Committee of the International Technology Association, a member of IP Committee of the Malaysian Bar Council, the contributor for the International Trade Mark Association's Guide for Malaysia and the contributor for the Malaysian Atkins Court Forms for Patents, Trade Marks, Copyright and Industrial Designs.


Bar Admissions

● Victoria, Australia (1990)
● Malaysia (1991)

Education

● B.Sc. and LL.B, Monash University, Australia
● Barrister & Solicitor, Supreme Court of Victoria, Australia
● Advocate & Solicitor, High Court of Malaya
● Registered Patent, Trade Mark and Industrial Design Agent, Malaysia
Areas of Practice

Intellectual Property | Technology, Media & Telco

Professional Career

Significant Accomplishments

● Asia IP Experts (2018) - "Expert" in Patents and Trademark
● Asialaw Leading Lawyers (2003 to 2013) - "Leading Lawyer" in Intellectual Property
● Asialaw Leading Lawyers (2020 and 2021) - "Distinguished Practitioner" in Intellectual Property
● Chambers Asia-Pacific (2009 to 2014, 2017 - 2021) - Ranked Lawyer in Intellectual Property
● International Law Office: Client Choice Awards (2018) - Individual Winner for Patents for Malaysia Jurisdiction
● Expert Guides (2018 - 2020) - "Leading Practitioner" in Trademarks and Patents
● IAM (2010) - World's Leading Life Sciences Patent Litigators
● IAM (2020) - Global Leader in Intellectual Property
● IAM (2010) - World's Leading Life Sciences Patent Litigators
● IAM Patent 1000 (2015 to 2017)- ranked for Patent Litigation and Patent Prosecution
● IAM Patent 1000 (2019) - ranked for Patent Litigation, Transactions and Prosecution
● MIP IP Stars (2018 - 2020) - Patent Star in Malaysia
● MIP IP Stars (2020) - Trademark Star in Malaysia
● The Legal 500 Asia-Pacific (2016 - 2020) - "Recommended Lawyer" in TMT
● The Legal 500 Asia-Pacific (2014 to 2019) - "Recommended Lawyer" in Intellectual Property
● The Legal 500 Asia-Pacific (2020) - "Leading Individual" in Intellectual Property
● Who's Who Legal (2007 to 2018) - "Expert" in Trademarks
● Who's Who Legal (2019 and 2020) - "Global Leader" in Patents
● World Trademark Review (2019 and 2020) - "Silver Tier" in Enforcement and Litigation

Professional Associations

● Exco Delegate, Federation of Patent Attorneys Association (FICPI)
● Data Protection Substantive Law Committee member, International Technology Association (ITechLaw)
● Digital Asia Subcommittee of Internet Committee member, International Trade Mark Association (INTA)
● Member, Malaysia Bar Council - IP Committee
● Member, International Bar Association (IBA)
● Member, Licensing Executives Society Malaysia (LESM)
● Member, Malaysian Intellectual Property Association (MIPA)
● Member, Asian Patent Attorneys Association (APAA)


Professional Activities and Experience

● PATENT

► Tim prosecutes patent applications for many of the leading global pharma and biotech companies. He has the distinction of advising the originator companies when the Malaysian Government first invoked the compulsory government use licence in relation to the HIV anti-viral drugs and then again for the drug for the treatment of Hepatitis C.

► Tim acted as leading counsel in the successful invalidation of a patent in relation to a transportation structure at the Appellate Court, see See Hau Global Sdn Bhd v Mah Sing Plastics Industries Sdn Bhd [2018] 1 MLJ 213.

● TRADE MARK AND INDUSTRIAL DESIGNS

► Tim advises the national energy company, PETRONAS on its IP protection and manages its entire worldwide trade mark and industrial design portfolio of the national energy company with over 6,000 records across over 150 jurisdictions.

● COPYRIGHT

► Tim persuaded the highest court in Malaysia, the Federal Court that the original drawings of artistic works were not required to be produced for the presumption of copyright ownership under s. 42 of the Copyright Act 1987 in the landmark case of Duramine Sdn Bhd v Elster Metering & Anor [2015] 3 MLJ 1.

● TMT

► Tim advised a regional banking group on the agreements for the implementation of its core banking system across the ASEAN region.

► Tim advised on the agreements for licensing of the technology for the construction and operation of a plant for the conversion of waste to energy.

► Tim advises a regional technology company in relation to the agreements for the provision of technology products and services to a Malaysian telecommunication service provider in relation to its customer experience platform.
Articles

Shearn Delamore & Co Legal Update February 2021 (Financial Services, Intellectual Property, Tax & Revenue)
Shearn Delamore & Co., March 2021

FINANCIAL SERVICES BNM announces new funds for SMEs On 5 February 2021, Bank Negara Malaysia ("BNM") announced: an additional RM2 billion for the Targeted Relief and Recovery Facility (“TRRF”); the establishment of a RM200 million Disaster Relief Facility (“DRF”) 2021.   TRRF The TRRF was a facility announced in the Budget 2021, established to assist eligible SMEs in the services sector...

Shearn Delamore Legal Update February 2021
Shearn Delamore & Co., February 2021

DISPUTE RESOLUTION Wide order of injunction sought against online marketplace operator refused in the High Court E-commerce has become an indispensable part of the country’s economy particularly with the Covid-19 pandemic. With its growing demand come legal challenges which are novel to Malaysia. Recently, our Dispute Resolution Partners K...

Shearn Delamore & Co. Legal Update September 2020 (Intellectual Property)
Shearn Delamore & Co., October 2020

Compounding of Offences under the Malaysian Trademarks Act 2019 and RegulationsSection 136 (2) of the Trademarks Act 2019 (“Act”) grants the Controller with the power to compound offences under the Act. In essence, compounding means payment as a settlement in lieu of prosecution of an offence.Further, section 136 (1) of the Act empowers the Minister to make regulations pertaining to compounding with the approval of the Public Prosecutor...

Additional Articles

Articles & Publications:

● The Restructuring Review - Malaysia: Overview - Law Business Research, 7th Edition (2014)
● International Insolvency - Jurisdictional Comparisons - The European Lawyer Reference Series (2015 and 2016)
● Getting the Deal Through: Dispute Resolution - Law Business Research (2015)
● Practical Law's Arbitration Global Guide - Malaysia Chapter, Thomson Reuters, 10th edition (2016)
● The Asia-Pacific Restructuring Review - Malaysia: Overview - Law Business Research (2017 - 2020)
● Corporate Rescue Mechanisms in Malaysia, INSOL World (2017)
● Does Juducial Management in Malaysia Sufficiently Embody a Rescue Culture? (2020) 32 Singapore Academy of Law Journal 518
● Rabindra Nathan (ed.), Law and Practice of Corporate Insolvency Law in Malaysia (Sweet & Maxwell) (2019)
● (General Editor, and author specifically of Chapters 1, 10 and 11)


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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