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
o 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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