Practice Expertise

  • Intellectual Property
  • Technology, Media & Telco
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Areas of Practice

  • Intellectual Property
  • Technology, Media & Telco
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WSG Practice Industries

WSG Leadership

  • 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

Additional ArticlesArticles & 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)

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