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Foong Cheng Leong

Foong Cheng Leong is a lawyer focusing in the areas of Intellectual Property, Information Technology, Franchise and Licensing, Privacy and Data Protection laws.

Cheng Leong is also committed to serve the Malaysian Bar and Kuala Lumpur Bar. He had served the Malaysian Bar and Kuala Lumpur Bar in the following capacities:-

• Compendium of Malaysian Intellectual Property Cases - Trade Marks
• Compendium of Malaysian Intellectual Property Cases - Copyright
• Foong's Malaysia Cyber, Electronic Evidence and Information Technology Law 
   
  He is also a contributor of the Malaysian Chapter of Data Protection Laws of the World, published by Sweet and Maxwell.
   

  • Intellectual Property

    Cheng Leong is a registered trade marks, patents and industrial designs agent.
    
    He advises his clients on the protection of their intellectual property rights and information technology. He had been involved in the management of intellectual properties of many well known international and local companies and prosecuted and/or procured the registration of trade marks, industrial designs and patents in Malaysia and many other jurisdictions around the world. He also advises and drafts contracts relating to intellectual property and information technology.
    
    Cheng Leong was involved in numerous contentious matters involving counterfeiting, passing off, trade marks, industrial designs, patents and copyright infringement, online disputes including online defamation, breach of confidentiality and others. Some of these cases were reported in the local legal journals such as the following:

    1. LB Confectionary Sdn Bhd v. QAF Ltd; Perbadanan Harta Intelek Malaysia (Interested Party) &Another Case [2008] 10 CLJ 264
    2. Ultra Dimension Sdn Bhd v. American Home Assurance Company;Rewardstreet.com (Malaysia) Sdn Bhd (Third Party) [2009] 9 CLJ 589
    3. Lockheed Martin Corporation v. Raytheon Company [2010] 4 CLJ 95
    4. Berjaya Land Berhad v. Wong Chee Hie & Ors [2010] 1 LNS 983
    5. Berjaya Land Berhad v. Wong Chee Hie & Ors [2011] 1 LNS 1583
    6. Yong Sze Fun & Anor v. Syarikat Zamani Hj Tamin Sdn Bhd & Anor [2011] 1 LNS 1307
    7. NEP Holdings (Malaysia) Berhad v CK Filtration Technology Sdn Bhd [2013] 1 LNS 516
    8. NCTech Int Bhd v NCV Technologies Sdn Bhd [2015] 1 LNS 332
    9. NCTech Int Bhd v NCV Technologies Sdn Bhd [2016] 1 LNS 1189
    10. Doretti Resources Sdn Bhd v Fitter Marketing Sdn Bhd & 4 Ors [2017] 1 LNS 738
    11. Chuah Aik King v Keydonesoft Sdn Bhd [2018] 1 LNS 607
    12. Siti Khadijah Apparel Sdn Bhd v Ariani Textiles & Manufacturing (M) Sdn Bhd [2018] 1 LNS 1122
    13. Asia File Products Sdn Bhd v. Brilliant Achievement Sdn Bhd & Ors [2019] 1 LNS 259
    14. 30 Maple Sdn Bhd v. Siti Safiyyah Mohd Firdaus Chew [2019] 1 LNS 404
    15. Essity Hygiene and Health AB v. Praba's Vcare Health Clinic Privited Limited [2019] 1 LNS 1124
    16. Wei Her Pte Ltd v. Ooi Teik Seng & Anor [2021] 1 LNS 101
    17. Ultra Racing (M) Sdn Bhd v Bluetact Sdn Bhd [2021] 1 LNS 1258

  • Cyber Laws and Information Technology

    Cheng Leong regularly advises his clients on matters relating to tech businesses and online disputes such as online defamation, sedition, harassment and unlawful communications. He taps into his vast network of lawyers outside Malaysia to assist clients in cross border legal actions.

     

    Cheng Leong was also involved in the drafting of the provision for "Legal Technology" in Bar Council’s exercise to revamp the Legal Profession Act 1976.

     

    Commercial Matters

    Cheng Leong was involved in, among others:-

    (1) the drafting of:-

    1. merchant agreement, terms of use and privacy policy for a travel portal to connect travellers and travel operators
    2. merchant agreement, terms of use and privacy policy for merchants to sell their electronic vouchers on a portal
    3. Service Legal Agreement, terms of use and privacy policy for a restaurant booking portal
    4. Car Dealer Agreement for a portal that advertises and promotes motor vehicles
    5. Agency Agreement for service providers to sell client's services to set up WeChat Accounts for brand owners
    6. Rider's Agreement, terms of use and privacy policy for an on-demand dispatch service portal
    7. Revenue Sharing agreement between a Licensor and Licensee in respect of services provided by the former's software
    8. terms of use and privacy policy for an electronic bookstore whereby the users can purchase softcopy of e-books
    9. terms of use, return and refund policy and privacy notice for the ecommerce website of a well-known local retail mall
    10. terms of use and privacy policy for a social recruitment network portal
    11. terms of use and privacy policy for a mini blogging mobile application
    12. terms of use for a software that connects schools and parents to, among others, monitor their child

    (2) advising clients on:-

    1. the structure and design of a mobile application to connect motorist and workshops
    2. the legal issues relating to the operation of a doctor-patient matching portal
    3. the implementation of electronic warranty registration for their electronic products
    4. the impact of the Personal Data Protection Act 2010 on their mobile application offering electronic vouchers and discount
    5. a well-known tech company's Reseller Agreement
    6. the legality of their electronic payment gateway in Malaysia
    7. the structure and legality of their property rental portal and drafting their standard tenancy agreement, terms of use and privacy policy
    8. matters relating to the Communications and Multimedia Act 1998

    (3) the implementation and development of electronic banking portal for a local bank in Malaysia. Reviewed and advised on its Statement of Work.
    (4) advising clients to discover identity of wrongdoers online for actions done on, among others, websites and social media sites such as Facebook.

    Civil Action

    Cheng Leong had-

    (1) acted for an online forum operator in the Court of Appeal concerning a pre-action discovery order filed against them.
    (2) acted for an advocate and solicitor in the High Court of Malaya against a web hosting service provider to divulge the identity of their customer.
    (3) acted for the Defendants of an action for defamation via Facebook and filing an application to strike out the action for failing to particularise, among others, the URL of the impugned Facebook posting, date and time of posting and identity of the parties who had read the posting.
    (4) defended an online forum operator in the High Court of Malaya against an action for defamation and filing an application to strike out the action for failing to particularise, among others, the URL of the impugned posting and date and time of posting.
    (5) successfully retrieved a domain name registered by a cybersquatter for more than 10 years via the WIPO Arbitration and Mediation Center.
    (6) successfully obtained an order for summary judgment for trade mark infringement against an online marketplace operator.

    Cybercrime

    Cheng Leong had-

    (1) advised on a matter concerning an investigation under Sedition Act 1948 and Communications and Multimedia Act 1998 over the publication of a statement relating to the Agong on Facebook.
    (2) advised on a matter concerning the blocking of a website under s. 130 of the Personal Data Protection Act 2010.
    (3) advised on a matter concerning a criminal investigation for online gambling.
    (4) advised on a matter concerning a phishing scam whereby money was transferred to a Malaysian bank account from a foreign entity.
    (5) assisted in a matter concerning the successful removal of a blocking order pursuant to s. 263 of the Communications and Multimedia Act 1998.
    (6) represented a client charged under s. 3 of the Computer Crimes Act 1997 for making an unauthorised access to computer material in the Kuala Lumpur Cyber Court.
    (7) successfully defended a client charged under s. 5 of the Computer Crimes Act 1997 for making an unauthorised modification of contents of a computer in the Kuala Lumpur Magistrate Court and its subsequent appeal to the High Court.

  • Privacy and Data Protection

    With the passing of the Personal Data Protection Act 2010 (PDPA), Cheng Leong was involved in numerous training and compliance exercise for his clients to comply with the new data protection law.
    
    He had assisted the compliance of the PDPA for various companies including major insurance and telecommunication companies, and a national utilities provider. He had also advised many large and multinational companies on numerous issues regarding the PDPA.
     

  • Technology

    As the Chairperson of the Kuala Lumpur Bar Committee Information Technology, Cheng Leong led the developed the Kuala Lumpur Bar Committee mobile application, membership system which synchronises with the database of the Bar Council, and revamped the Kuala Lumpur Bar Committee's website.

     

    Cheng Leong had previously developed a free mobile application to search unreported Malaysian legal judgments. The FCL&Co Case Law Search App (allows users to search its 14,000 Malaysian judgments.

     

    He is also an advisor to BurgieLaw.com, an online legal marketplace that connects members of the public and lawyers. He was instrumental in creating Lexscout (www.lexscout.com), a portal that allows users to search judgment and lawsuits.

  • Franchising and Licensing

    Cheng Leong had procured the registrations of franchise in Malaysia for many of his clients notably food and beverage franchises and clothing and fashion franchises.
    
    He advises his clients on the requirements of the Malaysian Franchise Act 1998 also drafts and reviews licensing and franchise agreements.

  • Awards and Recognition

    1. Foong Cheng Leong of Foong Cheng Leong & Co earns recognition for his expertise in IT and data protection matters. He is noted for his contentious practice, and one source says that "he is extremely knowledgeable in terms of cases and procedures concerning technology and court." - Chambers Asia-Pacific 2020
    2. Foong Cheng Leong has a busy practice in TMT, with particular strength in cybersecurity and online domain matters. A client notes that he "has extensive knowledge about online legal issues," while another source says that "his strength is a drive and commitment to his clients." - Chambers Asia-Pacific 2021
    3. Recognised in Who's Who Legal 2017, 2019 to 2021: Franchise
    4. Ranked in Band 3 for Technology, Media, Telecoms (TMT) in Chambers Asia-Pacific 2020 and 2021
    5. Benchmark Litigation Asia-Pacific: Intellectual Property: Notable Firm 2020 and 2021
    6. Foong Cheng Leong of Foong Cheng Leong & Co is a "true franchise specialist, touted by peers as "technically strong and very knowledgable". - Who's Who Legal Southeast Asia 2021

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