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Patents and Trademark


Posts: 1
 John
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Joined: 3 months ago

Can you help with patents and trademark?

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Posts: 95
Moderator
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Joined: 10 months ago
Thank you for your query.
 
We can assist you with trade mark license application at RM 6,600.
 
The following are some information regarding patents and trade marks:
 
1. INTELLECTUAL PROPERTY PROTECTION
 
Intellectual property system in Malaysia is administered by the Intellectual Property Corporation of Malaysia (MyIPO), an agency under the Ministry of Domestic Trade, Co-operatives and Consumerism. Intellectual property protection in Malaysia comprises of patents, trade marks, industrial designs, copyright, geographical indications and layout designs of integrated circuits. Malaysia is a member of the World Intellectual Property Organisation (WIPO) and a signatory to the Paris Convention and Berne Convention which govern these intellectual property rights.
 
In addition, Malaysia is also a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) signed under the auspices of the World Trade Organisation (WTO). Malaysia provides adequate protection to both local and foreign investors. Malaysia’s intellectual property laws are in conformance with international standards and have been reviewed by the TRIPs Council periodically.
 
1.1 Patents
 
An applicant may file a patent application directly if he is domicile or resident in Malaysia. A foreign application can only be filed through a registered patent agent in Malaysia acting on behalf of the applicant.
 
Similar to legislations in other countries, an invention is patentable if it is new, involves an inventive step and is industrially applicable. In accordance with TRIPS, the Patents Act stipulates a protection period of 20 years from the date of filing of an application. Under the Act, the utility innovation certificate provides for an initial duration of ten years protection from the date of filing of the application and renewable for further two consecutive terms of five years each subject to use. The owner of a patent has the right to exploit the patented invention, to assign or transmit the patent, and to conclude a licensed contract. However, exception to patent such as compulsory license and parallel import are also included.
 
1.2 Trade Marks
 
Trade mark protection is governed by the Trade Marks Act, 1976 and the Trade Marks Regulations, 1997. The Act provides protection for registered trade marks and service marks in Malaysia. Once registered, no person or enterprise other than its proprietor or authorised users may use them. Infringement action can be initiated against abusers. The period of protection is ten years, renewable for a period of every ten years thereafter. The proprietor of the trade mark or service mark has the right to deal or assign as well as to license its use.
 
As with patents, while local applicants may file applications on their own, foreign applicants will have to do so through registered trade mark agents.
 
Do let us know if you have other queries.
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