INTELLECTUAL

PROPERTY
 Intellectual property refers to
creations of the mind: inventions;
DEFINING

literary and artistic works; and

symbols, names and images used
in commerce.

Intellectual property represents the property

of human intellect that is intangible and has
value in the market-place
 CATEGORIES OF
DEFINING

INTELLECTUAL
PROPERTY

INDUSTRIAL
COPYRIGHT
PROPERTY
 INDUSTRIAL PROPERTY
DEFINING

Includes patents for inventions,

trademarks, industrial designs
and geographical indications.

COPYRIGHT
covers literary works (such as novels, poems
and plays), films, music, artistic works (e.g.,
drawings, paintings, photographs and
sculptures) and architectural design.
  Intellectual property right (IP) provides protection such as
DEFINING

patents, trademarks, copyrights, industrial design and

trade secret against infringement by others.
 Intellectual property rights are the rights of an owner to
exclude anyone else using, copying or distributing the
information or item which is their intellectual property.
 Most businesses own or use some type of intellectual
property, for example, logos, brand names, anything
authored by someone in - or on behalf of - the business
(e.g. operations manuals, software, data bases, training
materials, sound or visual recordings), designs and unique
colour schemes.
  In Malaysia the administration of
DEFINING

Intellectual Property Right is carried out

by The Intellectual Property Division (IPD)
under the jurisdiction of Ministry of
Domestic Trade And Consumer Affairs
Malaysia (KPDNHEP).
 1. Ensuring more effective and efficient
OBJECTIVES

machinery to administrate, monitor and

supervise the Intellectual Property Rights.
2. Establishing a participative role at
international level.
3. Ensuring a wider role in the nation’s
intellectual property development.
4. Enhancing employment opportunities for
more experts and professionals.
 • A patent is an exclusive right granted for an
invention, which is a product or a process that
OBJECTIVES

provides a new way of doing some things or offers

a new technical solution to a problem.
• The invention has to be new, involves an inventive
step and can be industrially applicable in order for
a patent to be granted in Malaysia
• The invention, for example, can be a product,
chemical composition, article of manufacture or a
process that offers a new technical solution to a
problem.
DEFINITION

An intellectual property right

granted to an inventor giving
him or her the exclusive right to
make, use, or sell an invention
for a limited time of period (20
years) - Governed by Patent Act
1983
OBJECTIVES
  Utility innovation is an exclusive right granted for a
minor invention which does not require to satisfy the
OBJECTIVES

test of invention as required by a patent.

 Any person either jointly or alone may make
application for a patent or for utility innovation.
 The word person includes a company.
 Utility innovations serve as a preferred alternative
especially for products with “minor” improvements and
short shelf-life.
 The term of protection of utility innovation is 10 years
from the date of filing an application for utility
innovation. It can, however, be extended for another 5
+ 5 years upon proof of use
OBJECTIVES
  A patent or utility innovation protection
OBJECTIVES

gives the owner or the patent / utility

innovation the exclusive right to stop
others from manufacturing, using and/or
selling the owner’s invention in Malaysia
without the owner’s consent or
permission.
  A patent is protected 20 years from
OBJECTIVES

the date of filing.

 A Utility innovation is protected 10
years from the date of filing. The
term may be renewed on 5 years
basis twice
(I.e. 10 + 5 + 5), subject to use.
  Application for patent or Utility
OBJECTIVES

Innovation may be filed with The

Intellectual Property Corporation
of Malaysia – to be assessed
whether meeting the requirements
of Patent act 1983.
  Exporting firms still face problems imitations
and piracy literary and artistic works
OBJECTIVES

 The solution to this is internationalizing of

the patent law to protect firms operating in
the global market.
 To facilitate patent filing in multiple countries
with a single office rather than filing in each
separate country, the Patent Cooperation
treaty (PCT) with over 100 participating
countries was established
 The World Intellectual Property Organization
(WIPO) in Geneva is administering this facility.
OBJECTIVES

• This arrangement helps to reduce the

cost of multiple patent applications
by firms operating in the global
markets.
• This will indirectly contributes to the
economy of the nation because help
to curtail imitation and counterfeit
products.
  A legal protection that provide exclusive rights to
creative individuals for the protection of their
OBJECTIVES

literary or artistic productions.

 Copyright protection in Malaysia is govern by The
Copyright Act 1987.
 Copyright grants authors, composers and other
creators legal protection for their original works
that includes literary works, musical works,
artistic works, films, sound recording,
broadcasts, derivative works and published editions
 A work is protected upon fulfillment of the
OBJECTIVES

following conditions:
1. Sufficient effort has been expected to make the
work original in character.
2. The work has been written down, recorded or
reduced to a material form.
3. The author is qualified person or the work is
made in Malaysia or the works first published in
Malaysia.
 How long does copyright last?

Literary, Musical or artistic works:

OBJECTIVES

Generally shall subsist during the life

of the author plus 50 years after
holder’s death.
In the case of USA the copy right will
subsist 70 years after the death of the
copy right holder.
 INDUSTRIAL DESIGNS

• A particular shape, configuration or pattern

OBJECTIVES

of an object.
• Example: the shape of Proton Waja
• Appeal to the eye
• Must be new in Malaysia
• Protection is 15 years (subject to renewal)
• Governed by Industrial Design Act 1996
 INDUSTRIAL DESIGNS
• Shape and Configuration
(3D Features)
OBJECTIVES
• The element of newness in
a registered industrial
design
• is found on the shape and
configuration of the article.
• Examples of 3D features:
• Pattern and Ornament (2D
Features)
• The element of newness in
a registered industrial
design
• is found on the pattern and
ornament of the article.
• Example of 2D features:
 INDUSTRIAL DESIGNS

• A registered industrial design confers its

owner the exclusive right to make, import or
OBJECTIVES

sell or hire out any article to which the

design has been applied
• The owner of a registered design has the
right to take legal action against an infringer
within 5 years of the act of infringement
• An industrial design registered in Malaysia is
protected only in Malaysia
 WHAT IS GEOGRAPHICAL
INDICATION?
A product’s quality, reputation or other
characteristics can be determined by where it
OBJECTIVES

comes from. Geographical indications are place

names (in some countries also words associated
with a place) used to identify products that come
from these places and have these characteristics
(for example, “Swiss” – watches from
Switzerland, “Tuscany” - Olive oil produced in a
specific area of Italy or “Roquefort”- cheese
produced in a certain region of France).
 WHAT IS GEOGRAPHICAL
INDICATION?
• The Geographical Indications Act 2000
provide protection upon registration to
OBJECTIVES

goods following the name of the place

where the goods are produced, where a
given quality, reputation or other
characteristics of the goods is essentially
attributable to their geographical origin
• Examples : wine and spirit, natural or
agricultural products or any other product of
handicraft
 REGISTRABILITY OF
GEOGRAPHICAL INDICATIONS
OBJECTIVES
 REGISTRABILITY OF
GEOGRAPHICAL INDICATIONS
 LAYOUT-DESIGN OF INTEGRATED
CIRCUIT?
• The Layout Designs of Integrated Circuits Act
2000 provides for the protection of layout
OBJECTIVES

designs of integrated circuits based on

originality, creator’s own invention.
• There is no registration for the layout design
of an integrated circuit
• The duration of protection is 10 years from
the date of its commercial exploitation or 15
years from the date of creation if not
commercially exploited
 EXAMPLES OF INTEGRATED
CIRCUIT (IC)
OBJECTIVES

SEMI-CONDUCTOR
OBJECTIVES
TRADE MARK
 TRADE MARK
Trademark is a distinctive name, mark, symbol
or motto identified with a company’s product(s).
OBJECTIVES

A trade marks is a sign which distinguishes

the goods and services of one trader from
those of another.
A sign includes words, picture, logos, names,
letters, numbers or a combination of these.
A trade marks is used as marketing tool to
enable customers recognizing the product
of a particular traders.
 TRADE SECRET

A Trade secret may includes:

OBJECTIVES

Customer lists, plans, Research & Development,

pricing information, marketing techniques, and
production technique. Generally , anything that
makes an individual company unique and has
value to a competitors could be a trade secret.
 Functions of Trade Marks

Origin Function A trade marks help to identify the source and

those responsible for the products and services
OBJECTIVES

sold in the market.

Choice Function A trade marks enables consumers to choose
goods and services with ease while shopping.

Quality Function Consumers choose a particular trademarks for its

known quality.

Marketing Trade marks play important roles in marketing.

function It is normal for consumers to make purchases
based on continuous influence of advertising.
Economic Established trade mark is a valuable asset. Trade
Function marks may be licensed or franchised.
 Laws Governing Trade Marks

 Trade Marks is governed by Trade Marks Act

OBJECTIVES

1976 and Trade Mark Regulation

(Amendment 2001).
 The Act provides protection for trade marks
and service marks in Malaysia
 The period of protection is 10 years,
renewable for a period of every 10 years
thereafter
 Importance of Trade Marks

Trades marks provides traders with:

1. Exclusive rights
OBJECTIVES

– Registered trade marks owners have

exclusive right to use their marks in
trading.
– They also have the rights to take
legal action for infringing under the
Trade mark Law against those using
it without owner’s consent.
 Importance of Trade Marks

2. Legal Evidence
OBJECTIVES

- Registration Certificate issued by The

Registrar of Trade Marks Office is a
legal evidence of trade marks
ownership.
- It is an important document to establish
ownership of goods exported to other
countries.
 Compulsion of Trade Marks
Registration

 Registration of Trade Marks is not

OBJECTIVES

compulsory in Malaysia.
 Unregistered Trade Marks may still obtain
protection under Common Law by
virtue of used and reputation.
 Thus passing off action against infringer
can still be applied.
However protection through usage is
difficult and tedious

 The unregistered trade marks owner

OBJECTIVES

must convince the court that the

infringing act misleads the public.

 The infringing goods and services may

be mistaken from this own goods
and services.
REGISTRABILITY OF TRADE MARKS

 Not all Trade Marks Registrable.

OBJECTIVES

 For Registration, trade marks for goods and

services must be distinctive and may
take the following terms:

oAn invented words / words

oApplicant’s signature
REGISTRABLITY OF TRADE MARKS

o Words with no direct relation to goods or

services, geographical name or surname.
OBJECTIVES

o Any distinctive sign such logos, picture,

symbols, etc
o Not deceptive / confusing, or contrary to law
and scandalous / offensive.
o Not identical or similar to earlier registered /
application trade marks.
o Not identical or similar to well-known trade
mark.
 REGISTRABILITY OF TRADE MARKS

A trade marks not registrable if it contains

words or representation prohibited under
OBJECTIVES

Section 15 Trade Marks Act and Regulations

13, 14, 15 of Trade Marks Regulation 1997
such as:

 Patent, Patented, By Royal Letters Patent,

Registered, Registered Design and
Copyright.
 REGISTRABILITY OF TRADE MARKS

 His Majesty Yang Di Pertuan Agong, Her majesty

Raja Permaisuri Agong, The royal Highness Sultans
OBJECTIVES

and Their Excellencies Yang Di Pertuan Negeri.

 Royal Imperial Crown, Arms, Crest, Armorial
Bearings or Insignia.
 The Royal Army and Royal Malaysian Police
 Red Crescent, Geneva Cross in red and Swiss
Federal Cross in white or silver on red ground.
 Words or representation or ASEAN and National
Flower.
 REGISTRABILITY OF TRADE MARKS

Trade marks registered in Malaysia is

OBJECTIVES

not protected abroad.

If protection of trade marks required

overseas, it is necessary to apply for
registration abroad separately.
 REGISTRATION PROCESS

 Every application will be examined to

OBJECTIVES

ensure registerability.
 Objection to trade marks, applicants may
apply for hearing.
 Trademarks accepted will be advertised in
the government gazette.
 If no opposition the trade marks will be
registered
 Registration Certificate will be issued.
 END OF LECTURE

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