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).
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 (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
| Rights possessed by | Purpose | Duration of Validity |
|---|---|---|
| Authors, employer, or commissioner of the work |
To Protect Products such as:
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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:
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 new invented technology. However, the following items cannot be patented in Malaysia:
| Patents | ||
|---|---|---|
| Rights possessed by | Purpose | Duration of Validity |
| Inventor, Any individual or corporation |
To permit the creation of a solution to a specific problem by way of a new invented technology | 20 years from the filing date of the application. |
| Utility Innovation | ||
|---|---|---|
| Rights possessed by | Purpose | Duration of Validity |
| Inventor, Any individual or corporation |
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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.
3. Industrial Designs
The Industrial Designs Act and Industrial Designs Regulations govern industrial designs in Malaysia.
| Industrial Designs | ||
|---|---|---|
| Rights possessed by | Purpose | Duration of Validity |
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When one attempts to register an industrial design in Malaysia, the designs are required to meet some requirements, such as:
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 required for the ownership of the layout designs of an integrated circuit.
| Layout Designs of Integrated Circuit | ||
|---|---|---|
| Rights possessed by | Purpose | Duration of Validity |
| Creator, Employer, any individual | Protects the creator’s layout-design, an integrated circuit or article in which the layout-design is incorporated | Legal protection lasts either 10 years from the date of commercial exploitation or 15 years from the date of creation if it is not commercially exploited |
5. Geographical Indications
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.
| Geographical Indications | ||
|---|---|---|
| Rights possessed by | Purpose | Duration of Validity |
| Any association of persons, producers, organisation or authority |
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10 years from filing date and is renewable for every 10 years as long as it is still in use. |
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.
FAQs
Yes. Intellectual Rights are important as they can set your business apart from competitors as it allows them to have a monopoly and control the imitation and duplication of the product or design. This provides an important revenue stream and makes them the only option for customers to buy from.
The protection includes patents, trademarks, industrial designs, copyright, geographical indications and layout designs of integrated circuits.
An individual may be subjected to criminal fines, imprisonment, seizure of the stolen materials, loss or suspension of a business operating license or civil charges filed by the victim of the crime.
For Patents and Utility Models owners, it is required to pay the prescribed annual fee for each year, for Copyright and Design rights, no action is needed for the initial period, unless extension is intended for Design rights.
