Michelle C.Y. Loi

Michelle C.Y. Loi is a Partner at Shearn Delamore & Co., specializing in Intellectual Property Law. She represents clients in all areas of IP litigation, including trademark, copyright, design, passing‑off, geographical indication, trade secrets, and complex patent cases involving pharmaceuticals, life sciences, medical devices, oil palm, and gloves. She also advises on prosecution matters under the Control of Drugs and Cosmetic Regulations 1984, IP agreements, e‑commerce, IT/software agreements, domain name disputes, franchising, gaming and food regulations, and personal data protection.

Michelle has been involved in numerous precedent‑setting cases in the Federal Court. She successfully acted in Merck Sharp & Dohme Corp v. Hovid Berhad [2019], a landmark case where the Federal Court overturned its own previous decision, clarifying that the validity of dependent claims must be separately evaluated—one of only six cases since 1967 where the Federal Court has overruled its own decisions. She also acted in Liwayway Marketing Corporation v. Oishi Group [2017], where the Federal Court set out the requirements for market survey evidence in non‑use cancellation actions; in Mesuma Sports Sdn Bhd v. Majlis Sukan Negara [2015], clarifying the test for common law ownership of a trademark; and in Maestro Swiss Chocolate v. Chocosuisse [2016], concerning extended passing‑off and locus standi. She also handled the El Baik series of cases, establishing the spillover concept of goodwill, and secured an injunction in Dorpan, SL v. Nusajaya Sunrise [2019] concerning the use of the word MELIA.

Michelle holds an LL.B (Hons) from the University of London (2002) and a Certificate in Legal Practice (2003). She was called to the Bar of the High Court of Malaya in August 2004.

She is the Immediate Past President of the Licensing Executives Society of Malaysia, a trainer in the Bar Council's Advocacy Training Course, and a Panelist of the Domain Name Dispute Resolution at the Asian Arbitration International Centre (AIAC). She has been recognised as a recommended lawyer by The Legal 500 Asia‑Pacific, named one of Asia‑Pacific's "Licensing Lawyers You Should Know" by Asia IP, and accorded Silver Tier by the World Trademark Review in enforcement and litigation.