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 graduated from the University of Sheffield with Honours and was called to the Malaysian Bar as an Advocate & Solicitor in 2005. He joined Messrs Lee Hishammuddin Allen & Gledhill, one of Malaysia’s most reputable law firms in 2004 as a Chambering Student and was retained in the Intellectual Property and Information Technology Department. He was promoted to Senior Associate in 2009 and left the firm in 2012 to establish this firm. He brings with him vast experience in the field of Intellectual Property.
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:-
|1||(2013 – 2020)||Kuala Lumpur Bar Committee Member|
|2||(2019 – 2023)||Co-Chairperson of the Bar Council Intellectual Property Committee|
|3||(2012 – 2020)||Chairman of the Kuala Lumpur Bar Information Technology Committee|
|4||(2013 – 2016)||Co-Chairperson of the Bar Council Ad-Hoc Committee on Personal Data Protection|
|5||(2015 – 2016)||Co-Chairperson of the Bar Council Information Technology & Cyberlaw Committee|
He is the author of the following books-
- 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.
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:
- LB Confectionary Sdn Bhd v. QAF Ltd; Perbadanan Harta Intelek Malaysia (Interested Party) & Another Case  10 CLJ 264
Assisted in the action by LB Confectionary Sdn Bhd to expunge the trade mark SQUIGGLES and to resist a trade description order filed by QAF Ltd.
- Ultra Dimension Sdn Bhd v. American Home Assurance Company; Rewardstreet.com (Malaysia) Sdn Bhd (Third Party)  9 CLJ 589
Assisted in the action by Ultra Dimension Sdn Bhd against American Home Assurance Company for copyright infringement of certain a photograph featured in an advertisement.
- Lockheed Martin Corporation v. Raytheon Company  4 CLJ 95
Assisted in the action by Lockheed Martin Corporation to expunge the trade mark “paveway” registered for “laser guided bomb kits”.
- Berjaya Land Berhad v. Wong Chee Hie & Ors  1 LNS 983
Assisted in defending an application to strike out Berjaya Land Berhad’s action against Wong Chee Hie and others in this action for breach of duty of confidentiality.
- Berjaya Land Berhad v. Wong Chee Hie & Ors  1 LNS 1583
Assisted in defending an application to disqualify Lee Hishammuddin Allen & Gledhill to act for Berjaya Land Berhad in this action for breach of duty of confidentiality.
- Yong Sze Fun & Anor v. Syarikat Zamani Hj Tamin Sdn Bhd & Anor  1 LNS 1307
Assisted in an action filed by Syarikat Zamani Hj Tamin Sdn Bhd and another party against Yong Sze Fun and another party for passing off of the trade mark “TAMIN”.
- NEP Holdings (Malaysia) Berhad v CK Filtration Technology Sdn Bhd  1 LNS 516
Defended an action against NEP Holdings (Malaysia) Berhad against CK Filtration Technology Sdn Bhd for patent infringement of a water filter and acted for the latter to rectify the registered patent.
- NCTech Int Bhd v NCV Technologies Sdn Bhd  1 LNS 332
Defended an ex-parte contempt application filed by NCTech Int Bhd against NCV Technologies Sdn Bhd to allegedly breaching an ad interim injunction.
- NCTech Int Bhd v NCV Technologies Sdn Bhd  1 LNS 1189
Defended an action by NCTech Int Bhd against NCV Technologies Sdn Bhd for trade mark infringement of the trade mark “vellux” and acted for the latter to expunge the said trade mark.
- Doretti Resources Sdn Bhd v Fitters Marketing Sdn Bhd & 4 Ors  1 LNS 738;  5 MLRH 1
Defended an action by Dorretti Resources Sdn Bhd against Fitters Marketing Sdn Bhd and another party for trade mark infringement of the trade mark “PYRO” and acted for the latter to expunge the said trade mark.
- Chuah Aik King v. Keydonesoft Sdn Bhd  10 CLJ 354;  1 LNS 607
Defended an action by Chuah Aik King against Keydonesoft Sdn Bhd for copyright infringement of a software.
- Siti Khadijah Apparel Sdn Bhd v Ariani Textiles & Manufacturing (M) Sdn Bhd  1 LNS 1122
Defended an action by Siti Khadijah Apparel Sdn Bhd against Ariani Textiles & Manufacturing (M) Sdn Bhd for copyright infringement of a Muslim apparel by the name “telekung”.
- Asia File Products Sdn Bhd v. Brilliant Achievement Sdn Bhd & Ors  1 LNS 259
Conducted Malaysia’s first case of assessment of damages for patent infringement.
- 30 Maple Sdn Bhd v. Siti Safiyyah Mohd Firdaus Chew  1 LNS 404
Initiated an action against an online seller selling counterfeit Muslimah wear online bearing the Plaintiff’s trade marks. This is the first case where the Court discussed on the applicability of s. 38(1)(b) of the Trade Marks Act 1976.
- Essity Hygiene and Health AB v. Praba’s Vcare Health Clinic Privited Limited  1 LNS 1124
Defended an application for non-use of the registered trade mark “VCare”.
- Wei Her Pte Ltd v. Ooi Teik Seng & Anor  1 LNS 101
Defended an action against the Defendants for trade mark infringement, passing off and slander of goods. Successfully obtained a security for cost order amounting to RM160,000 against the Plaintiff.
- Ultra Racing (M) Sdn Bhd v Bluetact Sdn Bhd  1 LNS 1258
Initiated an action for passing off and copyright infringement against a stabilizer bar manufacturer over the alleged reproduction of the Plaintiff’s get-up and designs. This decision is in relation to the Defendant’s application to cross examine the Plaintiff’s witness in respect of his affidavit filed pursuant to an application to cite the witness for contempt of Court.
- Wei Her Pte Ltd v. Ooi Teik Seng & Anor  MLRHU 280
Defended an action against the Defendants for trade mark infringement, passing off and slander of goods regarding the trade mark Toretoman, and initiated a counterclaim to invalidate the registered Toretoman trade mark.
- OAG Engineering Sdn Bhd & Ors v. Ng Hoe Keong & Ors  1 LNS 725
Defended an action for breach of confidence, fidelity and duty to act in good faith, conspiracy to injure the plaintiffs, and unlawful interference. This decision relates to the defendants’ application to set aside the Anton Piller Order
- Reflex Media Inc & Anor v Endeavour Standard Sdn Bhd & Anor  MLRHU 1329
Defended an action for enforcement of a California Court judgment for trade mark infringement. Successfully obtained a security for cost order amounting to RM100,000 against the Plaintiffs.
- Maystar Beauty Sdn Bhd v Midda Marketing Sdn Bhd & Anor  1 LNS 1745
Defended an action for trade mark infringement, passing off, copyright infringement, unlawful interference and breach of the Trade Description Act 2011 by the registered proprietor of the trade mark “NEUTROVIS” against the use of the the trade mark “neumask” for facemasks and and alleged similar getup of the packaging. This decision relates to the application for interim injunction against the Defendants.
Cyberlaws 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.
Cheng Leong was involved in, among others:-
(1) drafting and/or review of:-
- software development agreements involving the development of software or electronic platforms for, among others, a logistic company, e-KYC and identity assurance provider, biometric system provider, events company, and insurance planning provider. Our scope of work had included, among others, recommending the development process and procedure and penalties for late delivery, due diligence on the capability of the developer and review of the deliverables.
- digital service agreements involving, among others, operation and sale of products on e-commerce platforms, and social media marketing.
- software license and maintenance agreements.
- technology transfer or acquisition agreements.
- other agreements between clients and third party service providers such as collaboration agreement, revenue sharing agreement, dealer agreement, talent agreement between influencers and media companies, partnership agreement, reseller agreement and outsourcing agreement.
(2) advising clients on:-
- legality and the legal issues relating to the operation of electronic payment gateway, property rental portal, a doctor-patient matching portal, implementation of electronic warranty registration for their electronic products, license to deal with second hand electronic devices, electronic publications and sugar dating platform.
- the structure and design of electronic platforms of various kinds.
- the impact of the Personal Data Protection Act 2010 on their businesses.
- 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.
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 obtained an order for summary judgment for trade mark infringement against an online marketplace operator.
(6) successfully retrieved domain names registered by third parties via the WIPO Arbitration and Mediation Center. The cases of Subur Tiasa Holdings Berhad v. Yeh, Charles (Case No. D2016-1174), Riway (Singapore) Pte Ltd v. Whois Privacy Corp. / James Boy (Case No. D2022-2247), Riway (Singapore) Pte Ltd v. Contact Privacy Inc. Customer 0157146059 / Chong Jia Ling, Official Deer Placenta (Case No. D2022-2619) and Riway (Singapore) Pte Ltd v. WhoIs Agent, Domain Protection Services, Inc.
/ N T (Contact ID: 16549229) (Case No. D2022-2621) are such cases.
Cheng Leong had-
- 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.
- advised on a matter concerning the blocking of a website under s. 130 of the Personal Data Protection Act 2010.
- advised on a matter concerning a criminal investigation for online gambling.
- advised on a matter concerning a phishing scam whereby money was transferred to a Malaysian bank account from a foreign entity.
- assisted in a matter concerning the successful removal of a blocking order pursuant to s. 263 of the Communications and Multimedia Act 1998.
- represented clients over charges under the Computer Crimes Act 1997.
- represented a client over a charge under s. 505(b) of the Penal Code for an online publication for the offence of making, publishing or circulating statements with intent to likely cause fear or alarm to the public, or inducing others to commit an offence against the public order.
Some of these cases were reported in the local legal journals such as the following:
- PP lwn. Loh Guo Shi  1 SMC 190
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.
- Gee Siew Yee v PP  1 LNS 1237
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.
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.
In the privacy litigation arena, he assisted and represented an online news portal in an action by certain public figures for invasion of privacy, misuse of private information and breach of confidence, among others.
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.
Franching 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 Recognitions
- 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
- 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
- Recognised in Who’s Who Legal 2017, 2019 to 2021: Franchise
- Ranked in Band 3 for Technology, Media, Telecoms (TMT) in Chambers Asia-Pacific 2020, 2021 and 2023
- 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
- Most Highly Regarded – Foong Cheng Leong of Foong Cheng Leong & Co sits among the very best franchise lawyers in Malaysia and focuses his top-notch practice on franchise registration for clients in the food and beverage and fashion industries – Who’s Who Legal Southeast Asia 2022