Lawyer Profile

Indran Shanmuganathan - Partner - Shearn Delamore & Co

Tel: +603 2027 2873
Email: [email protected]
Website: http://www.shearndelamore.com/
Address: 7th Floor, Wisma
Hamzah-Kwong Hing
No.1, Leboh Ampang
50100 Kuala Lumpur,
Malaysia

Shearn Delamore & Co

Malaysia, Competition & Antitrust, Intellectual Property, Regulatory & Compliance

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Practice Areas 

 

  • Intellectual Property
  • Personal Data Protection & Privacy Laws
  • Competition Law & Antitrust

 

Languages

 

  • English,
  • Malay

 

PRACTICE

 

Indran’s practice largely relates to Trademark, Copyright, Patent and Industrial Design litigation. Indran regularly appears as lead counsel in complex and novel cases some of which have been landmark IP cases which encompass cutting edge IP issues in the High Court, Court of Appeal and the Federal Court. He has led and argued leave applications for appeals to the Federal Court and the substantive appeals subsequently. He has also been sought out to do Counsel work for both IP and civil commercial litigation matters. Indran was also accorded the accolade of “Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia.”
 

He has advised and litigated on IP issues with clients from varied cross section of industries such as major renowned worldwide sporting bodies, Pharmaceutical companies, Automative companies, clients from the service industry such as hotels and restaurants and various consumer product companies on IP rights and disputes. He continues to be actively involved in IP enforcement and anti-counterfeiting work often collaborating with the Ministry of Domestic Trade and Consumer Affairs.
 

Indran’s varied IP practice in addition covers IP registration and due diligence. He is further involved in advisory and drafting IP, IT and e-commerce related agreements across a varied cross section of industries. Indran is also well versed in advisory and regulatory work relating to Franchise and Distribution Agreements and disputes, Pharmaceutical and Food legislations, Advertising, Domain Name Disputes, licensing and regulatory work relating to the Communication and Multimedia Act, sponsorship and merchandising matters, Media Broadcasting (Advertising) and related agreements as well as various regulatory laws.
 

Indran also provides advice on compliance and related work in the area of Competition and Antitrust including the preparation of competition policy and competition law dispute resolution. He also advises clients on compliance and other matters relating to Personal Data Protection & Privacy Laws.
 

Qualifications
 

  • LL.B (Hons), University of Leicester
  • Barrister-at-Law, Lincoln’s Inn
  • Advocate & Solicitor, High Court of Malaya
  • Advocate & Solicitor of the Supreme Court of the Republic of Singapore
  • Trademark Agent and Industrial Design Agent
  • Geographical Indications Agent

 

ADMISSIONS

 

  • England & Wales (1996)
  • Malaysia (1997)
  • Singapore (2002)

 

PROFESSIONAL MEMBERSHIPS

 

  • Malaysian Bar
  • The Honourable Society of Lincoln’s Inn
  • International Bar Association (IBA)
  • International Trademarks Association (INTA)
  • Asian Patents Attorneys Association of Malaysia (APPA)
  • Malaysian Intellectual Property Association (MIPA)
  • Pharmaceutical Trade Marks Group (PTMG)
  • The Honourable Society of Lincoln’s Inn Alumni Association, Malaysia
  • University of Leicester Alumni

 

AWARDS & RECOGNITION
 

  • Asialaw Regional Awards 2019 – “Outstanding Practitioner (Malaysia)”
  • Asialaw Leading Lawyers (2017 – 2019) – “Leading Lawyer” in Intellectual Property
  • Asialaw Leading Lawyers (2017 – 2019) – “Leading Lawyer” in Competition & Antitrust
  • Asialaw Leading Lawyers (2020) – “Distinguished Practitioner” in Intellectual Property
  • Asia Business Law Journal (2020) – one of Malaysia’s Top 100 Lawyers
  • Benchmark Litigation Asia Pacific (2020) – “Litigation Star” in Dispute Resolution and Intellectual Property
  • Chambers Asia-Pacific (2018 – 2020) – “Leaders in their Field” in Intellectual Property
  • The Legal 500 Asia-Pacific (2014, 2017 – 2020) – “Recommended Lawyer” in Intellectual Property
  • MIP IP Stars (2018 – 2020) – Trademark Star in Malaysia
  • MIP IP Stars (2018 – 2020) – Patent Star in Malaysia
  • I AM Patent 1000 (2019)- Ranked Individual for Litigation and Transactions
  • World Trademark Review (2019 and 2020) – “Gold Tier” in Enforcement and Litigation
  • World Trademark Review (2017 and 2018) – “Silver Tier” in Enforcement and Litigation
     

Publication
 

  • Internet Piracy-Copyright Infringement and Aqequacy of Malaysian Law The Malaysian Accountant 2007
  • The Territoriality of Goodwill: The Way Forward in Claims in Passing-off Asia IP 2009
  • When Fame is Not Enough Managing IP 2010
  • Registered User Conundrum MIP, 2013
  • Are Cancellation Actions still a viable option? Asia IP, 2013
  • Automobile Component Parts: Registrable Design or Not? Asia IP, 2015
  • In Ratio & Obiter: Lessons from Liwayway Marketing Corporation v. Oishi Public Company Limited Asia IP, 2017
  • Co-author Trademark Litigation Handbook – Thomson Reuters, 2013 and 2017