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Application Fee

Upon application a fee of RM 250.00 is charged, followed by RM 450.00 for advertisement and issuance of certificate. A list of geographical indications fees applicable is available in the Geographical Indications Regulations 2001.

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Who May Apply For Registration?

The following persons shall be entitled to file an application for registration of a geographical indication:

a person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application, and includes with respect to the such person.

a competent authority; or

a trade organization or association.

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"Geographical indications" is an indication which identifies any goods as originating in a country or territory, or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin.

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There are certain business activities and processes that are not patented, copyrighted, or trademarked.  Many businesses trade these as trade secret. It could be special ways of working, price costings, or price strategies.  example is the recipe for Coca-cola, which is not patented. This is because Coca-cola did not want to reveal the recipe to their competitors. Unfortunately, the law covering intellectual property is less clear about the term trade secret. Indeed, there is no satisfactory legal definition of the term (Trott, 2005).

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When Should One File For Registration?

As claims are based on a "first-to-file" rule basis, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public

What Rights Does A Registered Design Confer?

A registered industrial design confers the owner of a registered design the exclusive right to make, import or sell or hire out any article to which the design has been applied.

How Long Is The Period Of Protection?

A registered industrial design is given an initial protection period of 5 years from the date of filing and is renewable for a further two consecutive terms of 5 years each.
How Extensive Is Industrial Design Protection?

An industrial design registered in Malaysia is only protected in Malaysia.

How Soon Can One Manufacture And Sell Articles Made To Design?

Any time after the application has been filed. Applicants wishing to exploit the design in foreign markets may well wish to obtain corresponding protection abroad.

Are Registered Designs Made Public?

Registered designs are open to public inspection and the details of the registration and the details of the registration are recorded in the Register of Industrial Designs and published in the Government Gazette.
What Is A Registrable Industrial Design?

To be registrable an industrial design must be new at the date an application for its registration is filed.

What Sort Of Designs Is Excluded From Registration?

The designs of certain types of article are specifically excluded from design registration. An industrial design is not registrable if:

the aesthetic appearance of an articles is not significant or the design features differs only in immaterial details;

it is a method or principle of construction;

the designs are contrary to public order or morality;

the designs of the articles concern exclusively with how an article functions; and

the designs of articles that are integral parts of other articles and whose features are   dependent upon the appearance of other article.
Who Can Apply For Design Registration?

Only the owner of a design may apply to register the design, though an agent can be authorized to make application.

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INDUSTRIAL DESIGN

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation.

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Registration Process
Every application will be examined to ensure the registrability of the trade marks.
Duration of Registration

Trademarks registration is valid for ten years from the date of application and may be renewed every ten years.

When Registration Can Be Made?

Application for trademarks registration may be made before actual use.

Application Fee

Upon application a fee of RM 250.00 is charged followed by RM 450.00 for advertisement and issuance of certificate.  A list of payable trade mark fees is made available in the Trade Marks Regulation 1997.

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Does Malaysian Registration Give Protection Abroad? No.

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Does Malaysian Registration Give Protection Abroad? No.

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Are All Trade Marks Registrable?

For registration, trade marks for goods or services must be distinctive and may take the following form:

An invented word/words,

Names of person/firm/company mentioned in a specific manner,

Applicant's signature,

Words with no direct relation to goods or services, geographical name of surname.

Any distinctive sign such logos, pictures, symbol etc.

Not deceptive/confusing, or contrary to law and scandalous/offensive.

Not identical or similar to earlier registered/application trademarks.

Not identical or similar to well-known trade mark.

A trade mark is also not registrable if it contains words or representations prohibited under Section 15 Trade Marks Act and Regulations 13, 14 and 15 of Trade Mark Regulation 1997, such as:

Patent, Patented, By Royal Letters Patent, Registered, Registered Design and Copyright.

His Majesty Yang di-Pertuan Agong, Her Majesty Raja Permaisuri Agong, The Royal Highness Sultans and Their Excellencies Yang di-Pertua Negeri.

Royal or Imperial Crowns, Arms, Crest, Armorial bearings or insignia.

The Royal Malaysian Army and Royal Malaysia Police.

Red Crescent, Geneva Cross in red and Swiss Federal Cross in white or silver on red ground.

Words or representation or ASEAN and National Flower.

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In Malaysia, registration of trademarks is not compulsory unlike registration of companies and business.

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Exclusive Rights

Registered trademarks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Marks Law against others who use their marks without consent.

They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.

Legal Evidence

Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership.

A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.

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As at to date, there are two laws governing trademarks which include:

Trade Marks Act 1976

Trade Marks Regulation 1997 (Amendment 2001).

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The function of trademarks includes:

Origin Function

A trademarks helps to identify the source and those responsible for the products and services sold in the market.

Choice Function

A trademarks enables consumers to choose goods and services with ease while shopping.

Quality Function

Consumers choose a particular trade marks for its known quality.

Marketing Function

Trademarks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising.

Economic Function

Established trade mark is a valuable asset. Trade marks may be licensed or franchised.

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A Trademarks is a mark which distinguishes the goods and services of one trader from those of another.

A mark includes words, logos, pictures, names, letters, numbers or a combination of these.

A Trade Marks is used as a marketing tool to enable customers in recognizing the product of a particular trader.

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For a patent to be granted, an invention must:

Be new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;

Involves an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention ; and

Be industrially applicable, meaning it can be mass produced.

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Discoveries, scientific theories and mathematical methods;

Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes;

Schemes, rules or methods for doing business, performing purely mental acts or playing games;

Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.

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PATENT

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

UTILITY INNOVATION

A utility innovation is an exclusive right granted for a "minor" invention which does not require satisfying the test of inventiveness as required of a patent.

Who May Apply?
Any person may make an application for a patent or for a utility innovation either alone or jointly with another

How Can A Patent or Utility Innovation Be Protected?

An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of Patents Act 1983.

Why Protect An Invention?

A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in Malaysia without the owner's consent or permission.

Term of Protection

A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

Where to Apply?

An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia (IPCM), in Kuala Lumpur or at one of the branch offices located in Sabah and Sarawak.

Applicants, correspondence and inquiries should be directed to:

The Registrar,

The Patent Registration Office,

Intellectual Property Corporation of Malaysia,

32nd Floor, Menara Dayabumi,

Jalan Sultan Hishamuddin,

50623 Kuala Lumpur.

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The Malaysian Copyright Act provides for a Copyright Tribunal whose function is to grant licenses to produce and publish in the National Language a translation of a literary work written in any other language and arbitration of disputes relating to use of copyright works

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The copyright in a work infringed when a person who, not being owner of the copyright, and without license from the owner, does or authorizes any of the following acts:

reproduces in any material form, performs, shows or plays or distributes to the public,

communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form;

imports any article into Malaysia for the purpose of trade or financial gains;

makes for sale or hire any infringing copy;

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What Are The Legal Rights Of Copyright Owners?

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What Are The Legal Rights Of Copyright Owners?

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Generally, owners of copyright works in literary, musical or artistic works, films and sound recordings have the exclusive rights to control:

the reproduction of the works in any form (including photocopying, recording etc);

the performing, showing or playing to the public;

the communication to the public;

the distribution of copies to the public by sale or other transfer of ownership; and

the commercial rental to the public.

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Literary, Musical or Artistic Works

Generally, copyright in any literary, musical or artistic work shall subsist during the life of the author plus 50 years after his death.

Sound Recordings

The copyright in sound recordings shall subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the recording was first published or, if the sound recording has not been published, from the beginning of the calendar year following the year of fixation.

Broadcasts

For the copyright in broadcasts, the duration shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the broadcasts was first made.

Films

The duration of the copyright in films shall continue to subsist for a period of fifty years computed from the beginning of the calendar year next following the year in which the film was first published or first made available to the public or made, whichever is the last.

Government Works

Copyright in works of Government, government organizations and international bodies shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the work was first published.

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Copyrights in a work vests initially in the author (writer, composer, maker of the work, etc).
The author's right is transferable by assignment, testamentary disposition or by operation of law, in which case the assignee shall be the owner.

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Works eligible for protection are:

literary works;

musical works;

artistic works;

films;

sound recordings;

broadcasts; and

derivative works

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Copyright is the exclusive right given to the owner of a copyright for a specific period. Copyright protection in Malaysia is governed by the Copyright Act 1987. There is no system of registration for copyright in Malaysia.

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Intellectual property means the property in intellectual creations, particularly technology inventions and literary and artistic works. Inventions and works protected under the copyright protection can be used only with the consent of the inventor, author or other owner of the rights. Intellectual rights exist are also embodied in the protected trademarks.