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1. INTELLECTUAL PROPERTY -Intellectual property means the property in intellectual creations, particularly technology inventions and literary and artistic works.

1.1. COPYRIGHT Copyright is the exclusive right given to the owner of a copyright for a specific period. A work that is eligible is protected automatically upon fulfillment of the following conditions: -sufficient effort has been expected to make the work original in character; -the work has been written down, recorded or reduced to a material form; -the author is qualified person or the work is made in Malaysia or the work is first published in Malaysia

1.1.1. What Does Copyright Protect? Works eligible for protection are: -literary works -musical works -artistic works -films -sound recordings -broadcasts -derivative works

2. Who Owns Copyright? Copyrights in a work vests initially in the author (writer, composer, maker of the work, etc). However, where the making of a work is made by an employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer.

2.1. How Long Does Copyright Last? 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 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 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.

2.1.1. What Are The Legal Rights Of Copyright Owners? -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. What Constitutes Copyright Infringement? 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. -imports any article into Malaysia for the purpose of trade or financial gains. -makes for sale or hire any infringing copy. -distributes infringing copies. -by way of trade, exhibits in public any infringing copy.

2.2. What Is Copyright Tribunal? 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.

2.2.1. PATENT -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. Example: a company. 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 or utility innovation the exclusive right to stop others from manufacturing, using 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. National Security (Section 23a and 62a) -For reasons of national interest and security, any Malaysian resident wishing to apply for a patent or certificate protection outside Malaysia must first seek written authority from the Registrar. Non-patentable includes: -Discoveries, scientific theories and mathematical methods. -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. 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. -Be industrially applicable, meaning it can be mass produced.

3. TRADEMARK -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.

3.1. The function of trademarks includes: -Origin Function -Choice Function -Quality Function -Marketing Function -Economic Function Law Governing Trademarks As at to date, there are two laws governing trademarks which include: -Trade Marks Act 1976 -Trade Marks Regulation 1997 (Amendment 2001). Importance of Trademarks Registration Exclusive Rights -Registered trademarks owners have exclusive right to use their marks in trading. Legal Evidence -Registration certificate issued by Registrar Office is a prima facie evidence of trade markownership. Are Marks Registration Compulsory? -In Malaysia, registration of trademarks is not compulsory unlike registration of companies and business.

3.1.1. 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. Does Malaysian Registration Give Protection Abroad? -No. If protection of trade mark is required in other countries, it will be necessary to apply for registration separately in each country. Registration Process -Every application will be examined to ensure the registrability of the trade marks. If there is an objection to the trade marks, applicants may submit submission in writing or apply for a hearing. 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. INDUSTRIAL DESIGN -An industrial design is the ornamental or aesthetic aspect of an article. 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. Are Registered Designs Made Public? -Registered designs are open to public inspection and the details of the registration and the details of the registration. 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. 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;

4. 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.

4.1. Filing an application to register a design requires: -A completed application form (ID Form 1) in Malay or English. -Six set of representations of the article to which the design is applied (drawings or photograph). -A statement of novelty in respect of the industrial designs to which the design is applied. (However a statement of novelty is not required when registering wallpaper, lace or textile articles) -Payment, in full, of the appropriate filing fee. Where To Lodge Your Application? -All application for the registration of industrial design must be lodge at the Industrial Designs Registry, Intellectual Property Corporation of Malaysia. TRADE SECRET -There are certain business activities and processes that are not patented, copyrighted, or trademarked. -A company typically invests time and energy (work) into generating information regarding refinements of process and operation.

4.1.1. However, there are three factors that (though subject to differing interpretations) are common to all such definitions: a trade secret is some sort of information that: -is not generally known to the relevant portion of the public. -is the subject of reasonable efforts to maintain its secrecy. Trade secrets are not protected by law in the same manner as trademarks or patents. What Is Geographical Indications? identifies any goods as originating in a -country or territory -a region or locality in that country or territory, -where a given quality, reputation or other characteristic of the goods Protection of Geographical Indications -Protection of geographical indications shall be given regardless whether or not the geographical indication is registered. Exclusion from Protection Of Geographical Indications -Geographical indications which are contrary to public order or morality or territory of origin; or -Geographical indications which are not or have ceased to be protected in their country. Registration of Geographical Indication -When the application for registration of a geographical indication complies with the requirements and is not contrary to public order or morality, than the Register shall register the geographical indication and issue to the applicant a certificate of registration. Right of Use -In the case of registered geographical indications, only producers carrying on their activity in the geographical area specified in the Register shall have the right to use a registered geographical indication in the course of trade. The Register may, on the request of any interested person and upon payment of the prescribed fee: -cancel the registration of a geographical indication on the ground that the geographical indication does not qualify for protection. How Long Is The Period Of Protection? -A registered geographical indication is given ten years of protection from the date of filling and is renewable for every ten years. Who May Apply For Registration? -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. -a trade organization or association. How to File Application for the Registration of a Geographical Indication? -An application for the registration of a geographical indication shall be application and made on Form G1 accompanied by a copy of statutory declaration by the prescribed fee. Application Fee -Upon application a fee of RM 250.00 is charged, followed by RM 450.00 for advertisement and issuance of certificate.