The Request To Cease And Desist Letter is a crucial legal instrument in Malaysian business and civil matters, serving as a formal demand to stop unauthorized or unlawful activities. This document is typically used when there is clear evidence of legal violations such as intellectual property infringement, breach of contract, unauthorized use of assets, or other actionable offenses under Malaysian law. The letter must be carefully drafted to include all essential elements: proper identification of parties, clear description of violations, citation of relevant Malaysian legislation, specific demands, reasonable compliance timeframes, and potential legal consequences. While not a court document, a properly drafted cease and desist letter often serves as important evidence in subsequent legal proceedings and demonstrates the sender's attempt to resolve the matter amicably before pursuing litigation. The document should align with Malaysian legal requirements and business practices while maintaining a professional yet firm tone.
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1. Sender Details: Full legal name, address, and contact information of the party sending the cease and desist letter
2. Recipient Details: Full legal name, address, and contact information of the party being asked to cease and desist
3. Date: Official date of the letter
4. Subject Line: Clear identification that this is a cease and desist letter and brief reference to the matter
5. Description of Violations: Detailed description of the offensive actions or violations being committed by the recipient
6. Legal Basis: Citation of relevant laws and legal rights being violated
7. Demands: Clear statement of what actions the recipient must take or cease
8. Deadline: Specific timeframe within which the recipient must comply
9. Consequences: Description of legal actions that will be taken if recipient fails to comply
10. Closing: Formal closing statement and signature block
1. Prior Communications: Reference to any previous attempts to resolve the issue, used when there have been prior warnings or communications
2. Evidence Reference: Reference to specific evidence of violations, used when there is documentary evidence to be attached
3. Settlement Terms: Proposed terms for settlement or resolution, used when willing to negotiate terms
4. Reservation of Rights: Statement reserving additional legal rights, used in complex cases where multiple legal issues may be involved
5. Without Prejudice: Legal disclaimer indicating the letter cannot be used as evidence in court, used when including settlement proposals
1. Evidence Documentation: Copies or screenshots of violation evidence
2. Legal Registration Documents: Copies of relevant trademark registrations, copyright registrations, or other legal documents proving ownership of rights
3. Timeline of Violations: Chronological list of documented violations or infringements
4. Prior Communication Records: Copies of previous correspondence or warnings sent to the recipient
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