Malaysia Hotline: +603-2141 8908
Intellectual property
rights of Malaysia regime affords protection via an extensive statutory scheme
covering intellectual property rights including copyright, trademarks, designs,
patents and layout designs of integrated circuits in compliance with Malaysia’s
obligation as a signatory to the Agreement on Trade Related Aspects of
Intellectual Property (TRIPS).
Malaysia has acceded to
the World Intellectual Property Organization (WIPO), the Paris Convention for
the Protection of Industrial Property, the Berne Convention for the Protection
of Literary and Artistic works, as well as the Patent Cooperation Treaty.
The Intellectual
Property Corporation of Malaysia (MyIPO) is a statutory body established to,
among others, generally assist in the administration and enforcement of
intellectual property laws and issues or matters relating to intellectual
property.
Malaysia Copyright
The Copyright Act 1987
and its regulations govern the law on copyright in Malaysia. Malaysia acceded
to the Berne Convention on 1 October 1990. The types of works protected by
copyright in Malaysia are literary, musical and artistic works, films, sound
recordings and broadcasts. Derivative works are also protected. The owner of
the copyright in a literary, musical or artistic work, a film, a sound
recording or a derivative work has the exclusive right to control certain acts
in these works, including reproduction, and communication, performance or
distribution to the public, either in its original or derivative form.
Copyright protection in
literary, musical or artistic works is for the duration of the life of the
author plus 50 years after death. There is no requirement for registration.
Civil remedies are available to a copyright owner whose copyright is infringed.
Malaysia also imposes criminal penalties for violations of its copyright laws.
Malaysia Patents
Patent law in Malaysia
is governed by the Patents Act 1983 and the Patent Regulations 1986. The owner
of a patent has the exclusive rights, in relation to the patent, to exploit the
patented invention, assign or transmit the patent, or to conclude licensee
contracts. Anyone seeking to deal with the patent where the rights are
exclusive to the owner will need to get prior consent from the latter.
The accession by
Malaysia to the Patent Cooperation Treaty (PCT) means that Malaysia is a
designated country in respect of a patent application filed in another
contracting state on or after 16 August 2006. Malaysia will also be
automatically designated for a request for international preliminary
examination as regards an patent application filed in another contracting
state. Malaysian applicants themselves will be able to elect for Patent
Cooperation Treaty (PCT) applications where the same treatment will be
according to them as with applicants from contracting states.
Malaysia Trademarks
Malaysia Trademarks are accorded
protection under the law both under common law and by registration pursuant to
the Trade Marks Act 1976 and Trade Marks Regulations 1997. Trademarks which are
either pending registration, or for which no application for registration have
been made, are protected under the common law provided the owner of such
unregistered marks can show proof of goodwill and reputation in the use of the
said marks in relation to goods or services.
The registration of a
trade mark will be for a period of 10 years but may be renewed from time to
time in perpetuity. Upon registration of a trade mark, the proprietor has the
exclusive right to use the trade mark in relation to those goods or services
subject to any conditions, amendments, modifications or limitations entered in
the Register of Trade Marks.
The Register of Trade
Marks is kept at the Central Trade Marks Office. Inspection of the Register can
be made at the Trade Mark Office during office hours upon payment of a
prescribed fee.
Industrial Designs
The Industrial Designs
Act 1996 and Industrial Designs Regulations 1999 apply to applications for the
registration of industrial designs made after 1 September 1999.
The owner on a
registered industrial design will have the exclusive right to make or import for
sale or hire or for use for the purposes of any trade or business, or to sell,
hire or to offer or expose for sale or hire any article to which the registered
industrial design has been applied. Once registered, the rights associated with
an industrial design will be that of a personal property in that it will be
capable of assignment and transmission by operation of law. Registered designs
are protected for an initial period of 5 years which may be extended to a
further two 5 years terms, resulting in a total period of 15 years.
Layout-designs of
Integrated Circuits
The Layout-Designs of
Integrated Circuits Act 2000 provides for the protection of layout designs of
integrated circuits based on originality, the creator’s own invention and the
fact that the creation is freely created.
There is no registration is needed.
The Layout-Designs of Integrated Circuits Act grants automatically to the owner
of an original circuit layout certain rights to copy the layout, make an
integrated circuit in accordance with the layout and exploit the layout
commercially. The rights can be transferred either partly or wholly by way of
assignment, license, wills or through the enforcement of law. The duration of
protection is 10 years from the date of commercial exploitation or 15 years
from the date of creation if not commercially exploited.
Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline：603-21418908;
24 hours Hong Kong hotline：852-27837818;
24 hours Hong Kong hotline：86-755- 36990589;
Email: mytannet@gmail.com
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