Yap Khai Jian

Yap Khai Jian is a Partner in the Intellectual Property Practice at Shearn Delamore & Co., specialising in intellectual property law, data protection and privacy law, and technology, media and telecommunications law. He has a largely contentious practice, handling litigation across a wide spectrum of IP including patent, trademark, copyright, and design infringements, passing-off, geographical indication, and breach of confidential information matters.

Khai Jian has acted as co-counsel in several landmark decisions before the Federal Court, Court of Appeal, and High Court. In MERCK SHARP and DOHME CORP. v HOVID BERHAD [2019] 9 CLJ 1, he successfully persuaded the Federal Court to overturn its own previous decision, establishing that dependent claims are valid and restoring alignment with international patent practice—only the 6th time since 1967 that the Federal Court had overruled its prior decision. He also acted for Malaysia Airlines Berhad and Flyfirefly Sdn Bhd in a landmark trademark infringement and passing-off case against AirAsia Com Travel Sdn Bhd, which clarified the interpretation of "use" under section 54 of the Trademarks Act 2019 and was awarded the Editor's Choice Award – Impact Deal and Case of the Year by asialaw Awards 2024.

Khai Jian holds an LL.B (Hons) from the University of Malaya and was called to the High Court of Malaya as an Advocate & Solicitor in 2016. He is a member of the Malaysian Bar.