Cease and Desist Letter (Malaysia)

A Cease and Desist Letter in Malaysia states the breach alleged and the remedy the writer requires before escalating.

For intellectual property matters, cease and desist letters are sent by rights holders under the Copyright Act 1987 (Act 332), the Trade Marks Act 2019 (Act 815), and the Patents Act 1983 (Act 291) when infringers are discovered. The Intellectual Property Corporation of Malaysia (MyIPO) administers IP registration and may assist rights holders in enforcement matters. Section 37 of the Copyright Act 1987 entitles the copyright owner to seek injunctions, damages, or account of profits in the High Court. For trade mark infringement, Section 56 of the Trade Marks Act 2019 provides equivalent remedies including Anton Piller orders (search and seizure) in appropriate cases.

For defamation, the Defamation Act 1957 (Act 286) governs both libel (written defamation) and slander (spoken defamation) in Malaysia. A cease and desist letter may demand removal of defamatory online content, published statements, or social media posts. Section 8 of the Defamation Act 1957 addresses justification as a defence. Malaysian courts have active defamation jurisdiction including the Kuala Lumpur High Court, which has ordered takedowns and awarded damages in online defamation cases.

The Communications and Multimedia Act 1998 (Act 588) makes it an offence under Section 211 to transmit content that is obscene, indecent, false, menacing, or offensive. A cease and desist letter may precede a complaint to the Malaysian Communications and Multimedia Commission (MCMC) for online harassment or offensive content.

The legal framework governing the Cease and Desist Letter (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Cease and Desist Letter (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Companies Act 2016 (Act 777) sets the foundational requirements.

A Cease and Desist Letter in Malaysia is required in any situation where a party needs to formally demand that another party stop harmful or unlawful conduct before commencing legal proceedings.

A Cease and Desist Letter is needed when a Malaysian copyright holder discovers that a third party is reproducing, distributing, or commercially exploiting its creative work — including software, music, films, books, or photographs — without licence. Under Section 37 of the Copyright Act 1987, the rights holder may sue for infringement, and the cease and desist letter precedes the injunction application.

A Cease and Desist Letter is required when a trade mark owner discovers that a competitor is using a confusingly similar mark on its goods or services in Malaysia. Section 56 of the Trade Marks Act 2019 (Act 815) provides for injunctions against infringement, and the cease and desist letter gives the infringer an opportunity to withdraw voluntarily before court action at the Kuala Lumpur High Court (Intellectual Property Division).

A Cease and Desist Letter is needed when a business discovers that an employee or former employee is breaching a non-competition or non-solicitation clause in their employment contract. Malaysian courts enforce reasonable restraint of trade clauses under the Contracts Act 1950, Section 28 exception, and interim injunctions are available to prevent ongoing breach.

A Cease and Desist Letter is required when defamatory statements have been published online, in print, or broadcast about a person or business in Malaysia. The letter demands retraction, apology, and removal under the Defamation Act 1957 and may reference potential liability under the Communications and Multimedia Act 1998.

A Cease and Desist Letter is needed when a competitor engages in passing off — misrepresenting its goods or services as those of another trader — in Malaysia. Passing off is actionable under the common law tort as applied by Malaysian courts in cases such as Syarikat Bata Sdn Bhd v Mah Weng Kwai [1994].

A Cease and Desist Letter in Malaysia must contain the following key elements to be effective.

Sender Details: Full legal name of the rights holder or aggrieved party, NRIC or SSM company registration number, and address. Where the letter is sent by a Malaysian solicitor from the Bar Council, the firm's details must be included.

Recipient Details: Full name and address of the infringing or offending party. For companies, service at the registered office under Section 581 of the Companies Act 2016 (Act 777).

Description of the Infringing or Wrongful Conduct: A specific, factual description of the recipient's conduct — for example, the specific copyright work infringed with its registration details at MyIPO, the trade mark infringed, the defamatory statement published, or the contractual clause breached. Attach documentary evidence such as screenshots, comparison of marks, or copies of the infringing material.

Legal Basis: The specific Malaysian law provisions that the conduct violates — for example, Section 36 of the Copyright Act 1987 for copyright infringement, Section 56 of the Trade Marks Act 2019 for trade mark infringement, or Section 40 of the Contracts Act 1950 for breach of contract. Citing the specific provision demonstrates seriousness.

Specific Demand: Precisely what the recipient must do — cease the infringing activity immediately, remove online content, destroy infringing copies, withdraw the offending product, or stop using the similar trade mark. The demand must be specific enough for the recipient to know exactly what compliance requires.

Deadline: A specific deadline for compliance — typically 7-14 days for serious infringement. Shorter deadlines (24-48 hours) are appropriate for actively ongoing online infringement or defamation causing daily reputational harm.

Consequences: The remedies the sender will pursue if the demand is not complied with — injunction under Order 29 of the Rules of Court 2012, damages or account of profits, criminal complaint to MyIPO or MCMC, or writ of summons at the Kuala Lumpur High Court.

Additional compliance elements for a Cease and Desist Letter (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.