Baker McKenzie LLP

Intellectual Property

Partner

Kherk Ying Chew heads the Intellectual Property and Dispute Resolution Practice Groups of Wong & Partners. She has decades of experience in intellectual property (IP), commercial litigation, corporate compliance, information technology and Internet regulatory issues.

Kherk Ying handles all aspects of IP matters concerning copyright, patent, trade and service marks, registered designs, trade secrets and confidential information. Her portfolio also includes enforcement and litigation action in relation to IP infringement, passing off and anti-counterfeiting actions, opposition and rectification proceedings, as well as filing and prosecution of design, trade/service marks and patents. She is also experienced in advising on complex IP issues relating to commercialisation and licensing, corporate transactions, valuation and securitisation.

She regularly advises and assists clients on IT and outsourcing agreements, know-how and design contracts, computer contracts, distributorships, data privacy and protection, franchising and licensing, product registration, advertising and media law, as well as on telecommunications, pharmaceutical, healthcare, e-commerce, social media and Internet regulatory issues.

She is also focused on her practice as an advocate, and is regularly involved in the various stages of dispute management in both court and arbitration proceedings. In respect of civil litigation, she handles all aspects of commercial disputes, employment disputes, disputes arising from and/or relating to winding-up, restructuring schemes involving capital reductions, breach of directors’ duties, liquidation, and a variety of contentious agreements. She is also experienced in obtaining ex parte injunctions, Mareva injunctions and other interim reliefs, contracts, and torts including negligence, misrepresentation, nuisance, and defamation.

Her portfolio also covers the drafting of various pleadings for court proceedings, which includes summary judgments, security for costs, third party proceedings, reciprocal enforcement of judgments, committal and garnishee proceedings. She has experience in advocacy at all stages of the litigation process which includes full trials and a variety of interlocutory proceedings. She has obtained a multitude of orders from the courts — including injunctions, stay of proceedings or execution, declarations and specific performance — and is also involved in the enforcement by way of Anton Piller, Mareva and Trade Description Orders.

In corporate compliance, Kherk Ying continues to advise multinational corporations on developing internal policies, procedures, and code of conducts. Her work includes developing and managing corporate compliance programmes, particularly in internal investigations, audits and necessary trainings in mitigating risks from cybersecurity fraud or of non-compliance with anti-corruption regulations. She has represented companies in investigations by the local anti-corruption agency and advised on legal remedies upon discovery of fraud or corruption.

Kherk Ying is a registered trade mark, patent and design agent in Malaysia and the principal author of the Wolters Kluwer CCH published Intellectual Property Laws of Malaysia. She is among the few selected trainers for an IP valuation course by Intellectual Property Corp of Malaysia (MyIPO) and is an accredited IP valuer by the World Trade Institute.

English, Malay