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Learn more about Intellectual Property in Malaysia
Since the 1980s, Malaysia has gradually equipped itself with contemporary intellectual property legislation that is in accordance with international norms and is regarded as one of the finest among ASEAN member states, if not the entire Asian region. This improvement in the legal environment has been complemented by an increased readiness to combat counterfeiting on the ground. Malaysia protects both domestic and foreign investment adequately. Patents, trademarks, industrial designs, copyright, geographical indications, and layout designs of integrated circuits are all forms of intellectual property protection in Malaysia.
Table of contents
What is a Copyright?
Copyright laws safeguard the creative works of any photographer, author, producer, musician, artist, sculptor, or other individual. It is given to an artist who can show sufficient proof that demonstrates that such works are original ones.
This regulation assures that a copyright is granted to a person as soon as the original piece of work is created. The Copyright Act 1987 is the principal copyright legislation in Malaysia.
Other legislation enacted in Malaysia to safeguard copyrights include the Industrial Designs Act 1996, which protects industrial designs, and the Industrial Designs Regulations 1999.
1. Copyright Protection
Although copyright is a non-registrable right in Malaysia and is automatically protected, establishing ownership of copyright is challenging. As a result, necessary documents to show ownership may be created. Copyright holders can assert ownership by making a Statutory Declaration or a Voluntary Notification with the Malaysian Intellectual Property Corporation. Copyright gives the creator of a literary, musical, or creative creation exclusive rights to that work. The regulations governing such works protect the owner against illegal modifications or reproductions of the works in question.
Copyright rules also protect any associated organization by shielding its revenue-generating assets arising from any potentially copyrighted work.
2. Rights of Copyright Owners
This enables the owner, author, creator, or designer of any copyrighted work in Malaysia to protect their work in accordance with Malaysian copyright rules. If there is a copyright infringement, the creator or author has the right to sue those who are responsible. Moral rights enable the creator to assert ownership of the creation’s uniqueness. These rights also include the right to prevent any user from unauthorizedly mutilating, distorting, or changing the author’s work. These rights are provided to the owner of the work in order for the owner to have the right of public communication, reproduction, performance, distribution, and commercial renting.
According to the Copyright Act of 1987, certain rights may be exercised. Economic rights also allow creators to profit financially from the commercial usage of their works.
What is Trademark?
A Trademark is a sign that serves to distinguish one company’s goods or services from those of other companies. Any firm is not required to start using a trademark at any moment. However, trademark registration is strongly recommended since it gives significant advantages over others who have not gone through the trademark registration procedure. As a result, they help to develop the image and reputation of the company’s products. As a result, customers will build attachments to certain brands based on a variety of desired attributes and features represented in those trademarks.
The Trade Marks Act 1976 and the Trade Marks Regulations 1997 govern trade mark protection in Malaysia. The Act, which is fashioned after legislation in other developed nations, offers effective and appropriate protection for registered trademarks in Malaysia.
Trademark Registration Procedure
The application process is the initial stage in registering a trademark in Malaysia. When submitting such an application, the following information should be included:
|➤ Contact information for the applicant|
|➤ A visual description of the brand|
|➤ Informations about the goods or services to which the trademark will apply|
|➤ Contact information for the applicant|