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Intellectual property (IP)

Intellectual property (IP) refers to creations of
the mind: inventions, literary and artistic
works, and symbols, names, images, and
designs used in commerce.
Intellectual property surrounds us in nearly
everything we do. At home, at school, at work.
At rest and at play. No matter what we do, we
are surrounded by the fruits of human
creativity and invention.
Introduction
World Intellectual Property
Organization (WIPO)
IP is divided into two categories: Industrial property,
which includes inventions (patents), trademarks,
industrial designs, and geographic indications of
source; and Copyright, which includes literary and
artistic works such as novels, poems and plays, films,
musical works, artistic works such as drawings,
paintings, photographs and sculptures, and
architectural designs. Rights related to copyright
include those of performing artists in their
performances, producers of phonograms in their
recordings, and those of broadcasters in their radio
and television programs.
Intellectual property holds the key to the future.
Of foremost importance is the preservation and
advancement of the standards for the
protection of intellectual property.
Intellectual property awareness in Malaysia;
only 20 % of IP rights such as in patent, trade
marks are owned by Malaysian. Balance of 80 %
are owned by foreigners.

INTELLECTUAL
PROPERTY PROTECTION
Intellectual property protection in Malaysia comprises that
of patents, trademarks, industrial designs, copyrights, geographical
indication, confidential information and plant variety.
Malaysia is a member of the World Intellectual Property Organization
(WIPO) and a signatory to the Paris Convention and Berne
Convention, which govern these intellectual property rights.
In addition, Malaysia is also a signatory to the Agreement on Trade
Related Aspects of Intellectual Property Rights (TRIPS) signed under
the auspices of the World Trade Organization (WTO). Therefore,
Malaysia's intellectual property laws are in conformance with
international standards and provide adequate protection to both local
and foreign investors.

1. COPYRIGHT
The Copyright Act 1987 provides comprehensive protection
for copyrightable works. The Act outlines the nature of
works eligible for copyright (which includes computer
software), the scope of protection, and the manner in
which the protection is accorded.
There is no registration of copyright works.
Copyright protection in literary, musical or artistic works is
for the duration of the life of the author and 50 years after
his death. In sound recordings, broadcasts and films,
copyright protection is for 50 years after the works are first
published or made.
Section 7(1) of the Copyright Act 1987 provides
for works eligible for copyright are :
(a) literary Works;
(b) musical works;
(c) artistic works;
(d) films;
(e) sound recordings; and
(f) broadcasts.

2. PATENTS
A patent is an exclusive right granted for an invention,
which is a product or a process that provides, in
general, a new way of doing something, or offers a
new technical solution to a problem.
The Patents Act 1983 and the Patents Regulations
1996 govern patent protection in Malaysia. In
accordance with TRIPS, the Patent Act stipulates a
protection period of 20 years from the date of filing of
an application. Under the Act, the utility innovation
certificate provides for an initial duration of ten
years protection from the date of filing of the
application.

3. TRADE MARKS
A trade mark is a sign 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 mark is used as a marketing tool to enable customers in
recognizing the product of a particular trader.
Trade mark protection is governed by the Trade Marks Act 1976 and
the Trade Marks Regulations 1997. The Act provides protection for
registered trade marks and service marks in Malaysia.
Once registered, no person or enterprise other than its proprietor
or authorised users may use them. Infringement action can be
initiated against abusers. The period of protection is ten years,
renewable for a period of every ten years thereafter.
What does a trademark do?
A trademark provides protection to the owner of the mark by ensuring
the exclusive right to use it to identify goods or services, or to authorize
another to use it in return for payment. The period of protection varies,
but a trademark can be renewed indefinitely beyond the time limit on
payment of additional fees. Trademark protection is enforced by the
courts, which in most systems have the authority to block trademark
infringement.
In a larger sense, trademarks promote initiative and enterprise
worldwide by rewarding the owners of trademarks with recognition and
financial profit. Trademark protection also hinders the efforts of unfair
competitors, such as counterfeiters, to use similar distinctive signs to
market inferior or different products or services. The system enables
people with skill and enterprise to produce and market goods and
services in the fairest possible conditions, thereby facilitating
international trade.

4. 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. The design features must be
applied to an article by any industrial process
or means of which the features in the finished
article appeal to eye.
cont
Industrial design protection in Malaysia is governed by the Industrial
Designs Act 1996 and Industrial Designs Regulations 1999. The Act
provides the rights of registered industrial designs as that of a
personal property capable of assignment and transmission by
operation of the law.
To be eligible for registration, industrial designs must be new and do
not include a method of construction or design that is dictated solely
by function. In addition, the design of the article must not be
dependent upon the appearance of another article of which it forms
an integral part.
Local applicants can file registrations individually or through a
registered industrial designs agent. However, foreign applicants will
need to seek the services of a registered industrial designs agent.
Registered industrial designs are protected for an initial period of 5
years which may be extended for another two 5-year terms,
providing a total protection period of 15 years.

Why protect industrial
designs?
Industrial designs are what make an article attractive and
appealing ; hence, they add to the commercial value of
a product and increase its marketability.
When an industrial design is protected, the owner
the person or entity that has registered the design - is
assured an exclusive right against unauthorized copying
or imitation of the design by third parties. This helps to
ensure a fair return on investment. An effective system
of protection also benefits consumers and the public at
large, by promoting fair competition and honest trade
practices, encouraging creativity, and promoting more
aesthetically attractive products.
5. IC LAYOUT DESIGN
A layout-design of an integrated circuit is the three-
dimensional disposition of the elements of an
integrated circuit and some or all of the
interconnections of the integrated circuit or such
three-dimensional disposition prepared for an
integrated circuit intended for manufacture.
The law that protects layout-designs of integrated
circuits is the Layout-designs of Integrated Circuits
Act 2000
6. GEOGRAPHICAL INDICATION
"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. Geographical indications can be used on natural or
agricultural product or any product of handicraft or industry.
A geographical indication is a sign used on goods that have a specific
geographical origin and possess qualities, reputation or characteristics
that are essentially attributable to that place of origin.
Most commonly, a geographical indication includes the name of the
place of origin of the goods. Agricultural products typically have qualities
that derive from their place of production and are influenced by specific
local factors, such as climate and soil. Whether a sign is recognized as a
geographical indication is a matter of national law. Geographical
indications may be used for a wide variety of products, whether natural,
agricultural or manufactured.