Intellectual Property (IP) Rights of Malaysia

All business in Malaysia must take advantage of the ample intellectual property (IP) rights in the country. This allows businesses to have a monopoly over the use of a product for a specific period as well as secure a return on investment in innovation. With critical benefits from the ownership and use of IP rights, this is something that ought to be done upon company incorporation.

The Malaysia government has instituted mechanisms to strengthen the intellectual property ecosystem, ensuring a healthy flow of supply and demand of intellectual property. MyIPO has also entered into strategic partnerships with intellectual property marketplaces of countries in the Asia Pacific region.

Intellectual Property (IP) Rights in Malaysia

The intellectual property rights which are in force in Malaysia today are similar to those of other members of the Commonwealth of Nations. In general, Malaysia’s intellectual property (IP) rights are in accordance with the accepted international standards.

Malaysia administers its intellectual property (IP) rights through an agency, which operates under the Ministry of Domestic Trade and Consumer Affairs, the Intellectual Property Corporation of Malaysia (MyIPO).

It is also a member of the World Intellectual Property Organization (WIPO). Malaysia has also signed the Paris Convention which governs intellectual property rights. It is also a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips) which was signed under the auspices of the World Trade Organization (WTO).

Intellectual Property (IP) Rights in Malaysia for Businesses

Intellectual property rights are some of the most important intangible assets possessed by business owners in Malaysia. These rights prevent the unauthorised duplication or use of any item or work to which the business owner is to have full rights.

Some Intellectual Properties include:

1. Copyrights

The author has the right to have the author’s name identified as the author of the work based on the moral right. The moral right protects a work against distortion, mutilation, or any unauthorised modification.

Legal protection for copyrighted works in Malaysia is governed by the Copyright Act 1987. It is enforced by the Ministry of Domestic Trade and Consumer Affairs. Arrests, with or without warrant, may be made due to the violation of the Copyright Act.

In Malaysia, there is no formal requirement for a certain work to register in order for a copyright to claim or recognise. A copyright owner may, however, voluntarily register the work in question.

There are some requirements to apply for copyright, as listed below:

• The applicant for a copyright must be a Malaysian citizen or a permanent resident
• Foreigners may apply but only upon appointment of a resident agent
• The applicant must first determine whether the work is original or derivative.
• The applicant is then to fill out a standard form known as Form CR-1

2. Patents and Utility Innovations

The purpose of a patent is to permit the creation of a solution to a specific problem by way of a newly invented technology. However, the following items cannot be under patent in Malaysia:

• Discoveries, scientific theories, and mathematical methods
• Plant or animal varieties or biological processes other than processes about human-made living microorganisms
• Methods, schemes, or rules for the conducting of business, playing of games, or performing of mental acts
• Methods for the treatment of a human or animal body by way of surgery or therapy
• Diagnostic methods practised on a human or animal body

Eligible applicants include non-citizens and non-Malaysian corporations. However, any foreign entity planning to register patents will have to do so through a registered trademark agent.

These applications have to be submitted at the MyIPO office which serves as the receiving office for the international filing of Patent Cooperation Treaty applications. Many businesses hire either a patent attorney or patent drafter to ensure that all information during registration is accurate.

An applicant must request one of two options within 18 months from the date of filing. The first of these is a request for a substantive examination. The second is a request for a modified substantive examination.

3. Industrial Designs

The Industrial Designs Act and Industrial Designs Regulations govern industrial designs in Malaysia.

When one attempts to register an industrial design in Malaysia, the designs need to meet some requirements, such as:

• It must be new
• It must not include a method of construction or design which is only defined by its function
• The designs must also not be dependent upon the appearance of another article to which they are integral

4. Layout Designs of Integrated Circuits

In Malaysia, the rights regarding layout designs of integrated circuits are based on their originality. There is no registration need for the ownership of the layout designs for the integration circuit.

5. Geographical Indications

The Geographical Act 2000 of Malaysia protects goods depending on the place where they were produced, aligning with their name. It safeguards goods whose specific quality, reputation, or other characteristic can be traced back to their geographical origin.

The Geographical Act may protect natural and agricultural products, handicrafts, and industrial products.

Local applicants may either register individually or through a registered geographical indication agent. However, foreign applicants must utilize the services of a registered geographical indication agent.