have an account?【sign in】Intellectual Property Issues in Malaysia:A Guide to Protecting Your Intellectual Property Rights
battsauthorINTELLECTUAL PROPERTY ISSUES IN MALAYSIA: A GUIDE TO PROTECTING YOUR INTELLECTUAL PROPERTY RIGHTS
Intellectual property (IP) is a critical aspect of any business, as it encompasses the creative works and innovations that drive economic growth and contribute to the well-being of society. In Malaysia, the protection of intellectual property is regulated by the Patents Act 1990, the Trade Marks Act 1976, and the Designs Act 1993. This article aims to provide an overview of the intellectual property issues in Malaysia, focusing on the protection of patents, trademarks, and designs. It also offers guidance on how to ensure the proper protection of your intellectual property rights in this region.
Patents
Patents protect innovative inventions, which must meet certain requirements to be granted protection. In Malaysia, an invention is considered patentable if it is new, useful, and involves an invention. The following steps should be followed to obtain a patent in Malaysia:
1. Obtainability: The invention must be novel, that is, it must not have been publicly disclosed or used in Malaysia before the date of the application for a patent.
2. Inventive step: The invention must have an inventive step, meaning that it must not be obvious to a person skilled in the art.
3. Practical application: The invention must be useful and have a practical application.
4. Complete specification: The patent application must include a complete specification, including the description of the invention, the claim, the drawings, and the abstract.
5. Payment of fees: The applicant must pay the appropriate fees to the Registrar of Patents.
Trademarks
Trademarks protect brands, logos, and other symbols that identify the source of goods or services. In Malaysia, trademarks are classified into three categories:
1. Word marks: These are words that identify the source of the goods or services.
2. Device marks: These are images or symbols that identify the source of the goods or services.
3. Combination marks: These are a combination of words and devices that identify the source of the goods or services.
To obtain a trademark in Malaysia, the following steps should be followed:
1. Application: The applicant must submit an application to the Registrar of Trademarks, including the required documents, such as the specification of the trademark, the list of goods or services, and the declaration of use.
2. Examination: The Registrar of Trademarks will examine the application for compliance with the requirements.
3. Publication: If the application is accepted, the trademark will be published in the Trade Marks Journal for opposition.
4. Opposition: Any person may oppose the registration of the trademark within three months from the date of publication, based on certain grounds, such as lack of distinctiveness or similarity with existing trademarks.
5. Registration: If no opposition is filed, the trademark will be registered and a certificate of registration will be issued.
Designs
Designs protect the visual appearance of a product, including its shape, surface pattern, or materials. In Malaysia, designs are protected under the Designs Act 1993. To obtain a design registration in Malaysia, the following steps should be followed:
1. Application: The applicant must submit an application to the Registrar of Designs, including the required documents, such as the specification of the design, the list of goods, and the payment of the prescribed fees.
2. Examination: The Registrar of Designs will examine the application for compliance with the requirements.
3. Publication: If the application is accepted, the design will be published in the Designs Journal for opposition.
4. Opposition: Any person may oppose the registration of the design within three months from the date of publication, based on certain grounds, such as lack of originality or similarity with existing designs.
5. Registration: If no opposition is filed, the design will be registered and a certificate of registration will be issued.
Intellectual property protection in Malaysia is crucial for businesses and individuals who want to protect their creative works and innovations. By following the steps outlined in this article and adhering to the requirements set forth by the relevant laws, you can ensure the proper protection of your intellectual property rights in this region. It is essential to consult with a professional who is familiar with the Malaysian intellectual property laws and regulations to ensure the effective enforcement of your intellectual property rights.