KHOO GUAN HUAT Khoo Guan Huat
Partner,Intellectual Property Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 737
Fax: 603 - 2094 3211
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 Overview  

Khoo Guan Huat commenced his legal career with the Attorney-General’s Chambers in 1987 and was a pioneer member of the Arbitration Unit of the Chambers when the unit was set up in 1990. He joined Skrine in 1993.

When he was with the Attorney-General’s Chambers, he worked on a number of contentious matters for the Government of Malaysia. He has carried on with the same type of work in his present day practice in Skrine. He regularly appears as counsel in courts at all levels and in arbitration proceedings and also sits as Arbitrator in a number of matters.

In addition to his dispute resolution portfolio, he advises on regulatory and compliance law issues affecting financial services, anti-money laundering, compliance, data security and competition. He has also worked with U.S. counsel on matters involving regulatory compliance and economic sanctions in the U.S.

He was a member of the Malaysian delegation to the Arbitration Working Group at the United Nations Commission on International Trade Law (UNCITRAL). The Arbitration Working Group’s efforts resulted in the revised UNCITRAL Arbitration Rules being published in 2010.

In 2008, he appeared as counsel to a retired Chief Justice in the inquiry hearings conducted by a Royal Commission set up by the Malaysian government and has also testified as an expert witness on Malaysian law in several matters, including arbitration proceedings, in the United States and in Singapore.

He is registered as Foreign Lawyer (with full registration) with the Singapore International Commercial Court.

  Further Details  

Areas of Practice

Biotechnology, Patent, Copyright, Designs, Information Technology, Media, Trademarks, Trade Descriptions, Trade Disputes, Trade Secrets/ Confidential Information, Telecommunications, General Commercial Disputes, Regulatory/Compliance.

Professional Affiliations

  • Member, Board of Studies, Faculty of Law, University of Malaya (2015-2017)
  • Member, Market Participants Committee, Bursa Malaysia
  • Listed on the panel of arbitrators of the Kuala Lumpur Regional Centre of Arbitration
  • Panellist, Domain Name Dispute Resolution of the Asian Domain Name Dispute Resolution Centre and Kuala Lumpur Regional Centre for Arbitration
  • Adjunct Lecturer, Faculty of Law, University of Malaya in the Certificate in Legal Practice course, 1990 to 2004
  • Adjunct Lecturer, the Law of International Trade in the LLM program in the University of Malaya in 1990

  Experience  

Summary of Experience (Selected cases in Intellectual Property and Arbitration)

Intellectual Property

  • Represented a major multinational pharmaceutical company and obtained a declaratory judgment to invalidate a pharmaceutical patent against another multinational pharmaceutical company;
  • Represented an international telecommunications company with Standard Essential Patents dealing with FRAND issues in a patent infringement action;
  • Represented a Malaysian motorcycle production company and obtained a judgment dismissing a copyright infringement claim against the company;
  • Represented a major cargo scanning device manufacturer in an action for patent infringement and obtained an infringement judgment and injunction against the defendants;
  • Represented a multinational food and beverage company in defending an action for infringement of a registered Industrial Design, and obtained an appellate court decision reversing a finding of infringement;
  • Represented a global international applications software provider against a defendant for copyright infringement, and obtained substantial damages after trial;
  • Represented a global pharmaceutical innovator company against a generics producer of a pharmaceutical product in claim involving infringement of a process patent;
  • Represented a global medical devices manufacturer against a Japanese company in a patent infringement claim;
  • Represented a China based home appliance manufacturer accused of patent infringement, and obtained an Appellate Court decision reversing a lower Court’s finding of infringement;
  • Represented a trademark owner whose registration was challenged in the Federal Court and obtained an order dismissing the challenge in a matter involving issues regarding whether a non-invented word having no direct reference to the character and quality of the goods was registerable as a trademark. Also obtained substantial damages for the trademark owner upon a finding of infringement;
  • Represented a major multinational defence equipment manufacturer and obtained an order dismissing a challenge against its trademark registration mounted by a competitor;
  • Represented a number of UK registered Design holders in a class action and obtained a declaration in respect of the extension of the validity of their registered designs for a 25 year period;
  • Represented a major telecommunications company and obtained judgment for substantial damages against a corporate entity for copyright infringement and against its directors for being liable for joint infringement.

Arbitration (Selected)

  • Acted in a number of cases in Court involving arbitration matters where the validity and/or existence of arbitration agreements and tribunal’s jurisdiction were challenged. These cases were brought all the way to the Federal Court of Malaysia, whether by way of motions for leave to appeal, or by way of substantive appeals. The issues in these cases, involved, among others:
    • Application of doctrine of estoppel in determining the validity of appointment of Arbitrator
    • Jurisdiction of arbitrator to hear claims of indemnity/contribution by one Respondent against another Respondent in an arbitration
    • Interpretation of a number of related agreements to determine if an arbitration clause in one agreement supersedes another agreement stipulating the exclusive jurisdiction of the Court
  • Represented a major Indian petrochemical company and defended a challenge against an arbitral tribunal award mounted by the Government of India. Additionally, have also represented parties in a number of legal proceedings involving parties challenging arbitral awards;
  • Appointed to act Arbitrator by the ICC International Court of Arbitration, the Kuala Lumpur Regional Centre of Arbitration and by disputants on ad-hoc appointments and appeared as counsel in a number of technology and telecommunications contract disputes. The disputes include those with respect to:
    • Mobile Virtual Network Operator and managed services for MVNO agreements
    • Software applications development agreements
    • Patent infringement and challenge to patent validity in respect of claims to invention of carriages of semiconductor packages
    • Agreement to Supply, Deliver and Install a PABX system for a Call Centre
    • Licence/Royalty Agreements
  • Appointed as Arbitrator and acted as counsel in respect of various disputes, including those in respect of:
    • Agreements for the construction and completion of highways, airports, ports, hospitals, schools, factories, hotels and golf courses, palm oil mills and ammunition dump
    • Agreements for the sale and delivery of goods
    • Claims made pursuant to insurance policies

 

 
ACCOLADES & AWARDS

Benchmark Litigation Asia-Pacific 2018

alb-mla-2018-winner

We are pleased to announce that our firm is recognised as a Top Tier Firm in the inaugural Benchmark Litigation Asia-Pacific 2018. Some of our partners were also listed in the rankings.

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Who’s Who Legal Awards 2018

alb-mla-2018-winner

We are pleased to announce that Skrine has once again been named Malaysia Law Firm of the Year. The award was conferred at the Who’s Who Legal Awards 2018 on 8th May 2018 in London, United Kingdom.

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Asian Legal Business Malaysia Law Awards 2018

alb-mla-2018-winner

Skrine has been ranked as Arbitration Law Firm of the Year and Maritime Law Firm of the Year.

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The Chambers Asia Pacific 2018 Rankings

Skrine has been ranked as Leading Firm for Dispute Resolution, Intellectual Property and Projects, Infrastructure & Energy.

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