From the date of application, the newly registered trademark will be active for ten years. In Malaysia, registered trademarks can even be renewed on a permanent basis if they have not been used for three years.
An “industrial design” is described as elements of shape, configuration, pattern, or decoration imparted to a product by any industrial method or techniques, and which attract and are appraised by the eye in the final article. Any produced or handmade item is classified as a “article.” It includes a component of such an item or craft unless the component is created and sold independently.
Rather, design protection is confined to a certain article’s visual look. Shape or configuration features governed exclusively by function are not taken into account when determining a design’s registrability. Similarly, matching features cannot contribute to registration.
The Industrial Designs Act 1996 and the Industrial Designs Regulations 1999 govern the protection of industrial designs in Malaysia. The legislation was recently updated in 2013, with important modifications including a shift from local to global uniqueness and a 25-year increase of the duration of protection for Malaysian design registrations.
An application for registration includes the following items:
|➤ The completed application form
|➤ A certified copy of the priority application and its confirmed English translation are required
When submitting the application, the applicant must specify which views of the design will be published in the Official Journal and affixed to the registration certificate. Each published viewpoint is subject to an official charge.
A patent is a government-granted exclusive right that grants the owner of an invention limited monopoly rights for his new innovation in exchange for full disclosure of his idea to the public.
The patent system serves the public by increasing technical knowledge gained by the publication of an invention, while also benefiting the inventor by granting him exclusive rights to his innovation for a certain length of time. An innovation is an idea of an inventor that allows, in practice, the solution to a specific issue in the sphere of technology. It might be a product or a method. However, not all innovations that meet the criteria of a “invention” are patented.
Malaysia is a signatory to three international patent treaties: the Paris Convention for the Protection of Industrial Property 1883, the Patent Cooperation Treaty 1970 (PCT), and the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights 1994.
Patent protection is available in Malaysia through either an application to MyIPO for a national patent or an application for international filing under the PCT. The inventor will file a patent application and describe the innovation in detail. The specification provides a description of the invention as well as the claims of the inventor.
In general, patents should be filed as quickly as feasible since most nations, including Malaysia, give patents to the first applicant to apply. As a result, it is in an inventor’s best advantage to make an early choice on whether or not to file a patent application in order to prevent another rival from applying ahead of him.
Once awarded, a patent will be valid for 20 years from the date of filing, subject to prompt payment of stipulated yearly fees. Patent rights have a geographical scope. As a result, the rights conferred by a Malaysian patent are limited to Malaysia. The patent owner has the only right to utilize, assign, or convey the patent and to enter into contracts. The prerequisites are that all fees owed be paid and that the lapse be the result of an accident, error, or other unanticipated event. Third parties who have acquired rights to the expired patent cannot be harmed by its remedy between the time the patent expires and the time it is repaired.
Everyone, whether local or international, who wants to start a business in Malaysia should take use of the numerous intellectual property rights that are available to them. The availability of local intellectual property valuers would also benefit these business owners by saving them money and time spent on engaging international IP valuers.
As a result, such appraisers would be more accessible to company owners. Such owners will profit from enhanced access and exposure within the Malaysian business community.
Malaysia’s government has also established a mechanism to boost the country’s intellectual property ecosystem. This would maintain a healthy flow of supply and demand for intellectual property.
MyIPO is in charge of the development and management of Malaysia’s intellectual property system. MyIPO oversees and enforces Intellectual Property Legislation, including the Trademarks Act 2019, Patents Act 1983, Copyright Act 1987, Industrial Designs Act 1996, Layout Designs of Integrated Circuits Act 2000, Geographical Indications Act 2000, and related regulations.
MyIPO emphasizes the quality and efficiency of the search and examination process for patents, trademarks, industrial designs, and geographical indications.
They have several main missions :
|➤ Creating a strong and competent administration
|➤ Improving intellectual property laws
|➤ Promoting public awareness campaigns on the value of intellectual property
|➤ IP information that is both comprehensive and user-friendly
|➤ IP consulting services are provided
In Malaysia, intellectual property is regulated by several different pieces of legislation, depending on the nature of the property. Each of its branches has different formal requirements and the procedure for obtaining or registering varies.
Calling on a specialist in the field can therefore save time, thanks to his knowledge, but also money. A properly filed patent or trademark application will offer maximum protection to your business and your commercial projects in Malaysia and will avoid the inconvenience of possible lawsuits due to poor protection of your intellectual property rights.