Which court hears a trademark or copyright case in Malaysia?

Before filing an intellectual property claim, or when you receive one, it helps to know which court will hear it and how the case will move.

Trademark civil cases: the High Court

The Trademarks Act 2019 defines "Court" as the High Court (section 3). So the main civil actions under the Act are High Court matters, including:

• infringement actions (section 56);
• groundless threats (section 61);
• revocation for non-use and invalidation (sections 46 and 47);
• protection of well-known marks (section 76); and
• applications connected with border seizures (Part XIII).

Passing off is a common law claim and is usually joined with a trademark action in the High Court.

Copyright civil cases

The Copyright Act 1987 gives the copyright owner a right of action and remedies in section 37. Several copyright provisions refer expressly to "the appropriate High Court", including the online takedown provisions in Part VIB. In practice, most copyright claims, especially those seeking injunctions, are brought in the High Court.

The Copyright Tribunal set up under the Act deals with specific matters given to it by the Act, mainly about licensing; it is not the forum for an ordinary infringement claim.

Criminal IP cases: the Sessions Court

A Sessions Court has jurisdiction to try any offence under the Trademarks Act 2019 and to impose the full punishment (section 134). Copyright offences are also prosecuted in the criminal courts. These cases are brought by the Public Prosecutor, not by the owner; see counterfeit complaints.

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Designated IP courts

The judiciary has designated certain High Court and Sessions Court benches to deal with intellectual property cases, so that judges hear these matters regularly. The arrangements are set out in judiciary directions and can change, so check the current position with the court registry or the judiciary website before filing.

Appeals

Decisions of the High Court can be appealed to the Court of Appeal, and further to the Federal Court only with leave. The Registrar's decisions under the Trademarks Act can generally be challenged in the High Court. Time limits for appeals are short.

Practical points

• Choose the court before drafting so that the pleadings follow the right rules.
• Urgent relief such as interim injunctions is sought in the court where the action is filed; see interim injunctions.
• Where the defendant is overseas, service out of the jurisdiction needs the court's leave under the Rules of Court 2012.

Example

A Kota Kinabalu company wants to stop a competitor using a similar registered mark and to claim passing off. Both claims are filed together in the High Court with an application for an interim injunction.

Common mistakes

• Filing a trademark action in a court without jurisdiction under the Act.
• Expecting the owner to prosecute counterfeiters directly.
• Missing appeal deadlines.
• Ignoring the designated IP court arrangements.

When to speak to a lawyer

Before filing or responding to an IP claim. See IP and trademark disputes or contact us.

Frequently asked questions

Can I bring a small copyright claim in the Magistrates' Court?

Jurisdiction depends on the claim and the relief sought. Claims involving injunctions or larger sums usually go to the High Court. Take advice on the right forum.

Can MyIPO decide an infringement dispute?

No. MyIPO and the Registrar handle registration matters. Infringement is decided by the courts.

Are IP cases heard in English?

Court proceedings are generally in Bahasa Malaysia, with English allowed in many cases; check the court's directions.

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. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)
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