Can I stop counterfeit goods at the Malaysian border before they enter the market?

If you learn that a container of fake goods bearing your trademark is about to arrive at Port Klang or Pasir Gudang, stopping it at the border can be more effective than chasing the goods across hundreds of shops. Part XIII of the Trademarks Act 2019 sets out how.

Who can apply, and what must the application say?

Under section 82(1), the registered proprietor, or a licensee with power to apply, may apply to the Registrar stating that infringing goods are expected to be imported for trade at a specified time and place, and that the applicant objects. The application must be supported by documents and information that let officers identify the goods (section 82(2)).

So you need intelligence: shipment details, vessel or flight, port, expected date, consignee, and a description of the goods and how to tell them apart from genuine stock.

What happens if it is approved?

• The approval stays in force for 60 days unless withdrawn (section 82(5)).
• Importation of the infringing goods is prohibited during that period, and authorised officers seize and detain the identified goods, except goods in transit (sections 82(6) and (8)).
• The Registrar requires a security deposit to cover expenses, protect the importer and pay any compensation ordered (section 83).

Notice and the deadline to sue

After seizure, the officer gives written notice to the Registrar, importer and applicant. The notice states that the goods will be released unless the applicant starts an infringement action within the specified period (section 85). An extension may be requested before the period ends (sections 85(4) to (6)).

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If no action is started and notified in time, the goods are released (section 88(1)). Even after an action is started, they are released after 30 days unless the court orders otherwise (section 88(2)), so you will often need an interim order quickly.

The risks for the applicant

If you do not sue within the retention period, an aggrieved person can claim compensation from you (section 89). If your infringement action fails or is discontinued, the court may order compensation to the defendant (section 90(5)). Apply only on solid grounds.

Other points

• The importer may consent in writing to forfeiture (section 87).
• Samples may be inspected on undertakings (section 86).
• On prima facie evidence, officers may detain goods bearing an identical mark on identical goods, for import or export, on their own initiative (section 93).
• The Part does not apply to small non-commercial quantities in luggage or small consignments, meaning not more than two goods (section 94).

Example

A Malaysian sports brand learns that a shipment of fake jerseys will arrive at Port Klang. It applies to the Registrar with shipment details and an identification guide, deposits the security, and after seizure files an infringement action in the High Court within the notice period, applying for an order that the goods not be released.

Common mistakes

• Applying without enough detail for officers to identify the goods.
• Missing the deadline to start the infringement action.
• Forgetting the 30-day release rule after the action is filed.
• Underestimating the compensation risk.

When to speak to a lawyer

Before applying, so that the infringement action can be filed on time. See IP and trademark disputes or contact us.

Frequently asked questions

Does this work for an unregistered brand?

No. Part XIII relies on a registered trademark.

Can goods in transit be stopped?

The section 82 seizure does not apply to goods in transit, though the ex-officio power refers to goods destined for export.

What if I am the importer?

You will receive notice. Keep your purchase documents and get advice on the release rules and any compensation claim.

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. Intellectual Property Corporation of Malaysia (MyIPO), official portal
3. 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