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.

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).

Malaysia 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 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:

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 be registered in order for a copyright to be claimed or recognised. A copyright owner may, however, voluntarily register the work in question.

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

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

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

An applicant must request for 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.

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 are required to meet some requirements, such as:

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

Malaysia’s Geographical Act 2000 provides protection to goods in line with the name of the place where the goods were produced. Such goods which are protected are those of which a particular quality, reputation, or other characteristic of the goods can be attributed to their geographical origin.

Natural and agricultural products, handicrafts, and industrial products may all be protected by the Geographical Act.

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.