ASEAN special report: Special status for well-known marks

Article 6bis of the Paris Convention and article 16 of the TRIPS Agreement have traditionally been the leading treaty provisions that set out the standard for well-known trademarks. In Malaysia, the articles are incorporated into the 1976 Trade Marks Act (TMA) under section 14(2) and regulation 13B of the 1997 Trade Marks Regulations, which set out the criteria to be considered when determining whether a mark is well-known.