How do I get an urgent court order to stop an IP infringer in Malaysia?

When a competitor launches under your brand next week, or a copycat is flooding the market, waiting for trial is not an option. An interim injunction can hold the position until the case is decided.

What is an interim injunction?

It is a temporary order stopping the defendant from doing something, such as using a mark or selling copies, until trial or further order. The Specific Relief Act 1950 provides for temporary injunctions (section 51), and the procedure is in Order 29 of the Rules of Court 2012.

How do you apply?

• By notice of application supported by an affidavit (Order 29 rule 1(2)).
• In urgent cases, ex parte, without notice to the other side. The affidavit must clearly state the facts of the claim, why the injunction is needed, why notice was not given, any answer the defendant is likely to give, and any facts that might lead the court to refuse (rule 1(2A)).
• Before the writ is filed only if urgent, and the writ must then normally be filed within two days (rule 1(3)).

Time limits for ex parte orders

• An ex parte interim injunction lapses after 21 days unless revoked or set aside earlier (rule 1(2B)).
• It must be served within seven days, and the court fixes an inter partes hearing within 14 days (rule 1(2BA)).

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What does the court consider?

Malaysian courts generally ask whether there is a serious question to be tried, where the balance of convenience lies, and whether damages would be an adequate remedy for either side. In IP cases, relevant points include:

• loss of distinctiveness or reputation that money cannot easily repair;
• how long the defendant has been trading;
• whether you delayed after learning of the infringement; and
• your ability to honour an undertaking as to damages if the injunction later proves wrong.

Special orders in IP cases

• Seizure: where a counterfeit trademark is involved, the court may order seizure of suspected infringing goods and supply of documents on an interim application (Trademarks Act 2019, s.56(4)).
• Preservation: the court may order detention, custody, preservation or inspection of property that is the subject of the case (Order 29 rule 2).
• Disclosure: orders to identify suppliers or customers may be sought in suitable cases.

Evidence

• Proof of your rights: registration, or evidence of goodwill or copyright ownership.
• Dated evidence of the infringement, including test purchases.
• Evidence of harm and urgency.
• Full and frank disclosure of facts against you, especially in ex parte applications.

Example

A Selangor beverage company learns that a rival will launch a drink with a confusingly similar name at a trade fair in ten days. It files its writ and an urgent application, and obtains an ex parte injunction that is served the next day, with an inter partes hearing fixed within two weeks.

Common mistakes

• Waiting months before applying.
• Hiding unhelpful facts in an ex parte application.
• Not serving the order in time.
• Underestimating the undertaking as to damages.

When to speak to a lawyer

As soon as you learn of an infringement that is about to start or is spreading. See IP and trademark disputes or contact us.

Frequently asked questions

Can I get an injunction without a registered trademark?

Yes, if you have a passing off or copyright claim with enough evidence.

What if an injunction is granted against me?

Comply with it strictly, and get advice on applying to set it aside or vary it. Breach can lead to contempt proceedings.

How long does an interim injunction last?

Until trial or further order, unless it is an ex parte order, which lapses after 21 days unless extended or replaced.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Trademarks Act 2019 (Act 815), AGC Laws of Malaysia
2. Copyright Act 1987 (Act 332), AGC Laws of Malaysia
3. Specific Relief Act 1950 (Act 137), AGC Laws of Malaysia
4. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93

Fact-checked on 17 Oct 2026