Intellectual Property Laws at Malaysia
Malaysia's intellectual property (IP) legal framework is comprehensive and aligns with international standards, providing robust protection across various IP domains. Here's an overview of the key aspects:
🏛️ Legal Framework
Malaysia's IP laws are governed by
Patents: Patents Act 1983 and Patents Regulations 198
Trademarks: Trade Marks Act 1976 and Trademarks Regulations 199
Copyright: Copyright Act 198
Industrial Designs: Industrial Designs Act 199
Geographical Indications: Geographical Indications Act 200
Layout Designs of Integrated Circuits: Layout Designs of Integrated Circuits Act 200 These laws are administered by the Intellectual Property Corporation of Malaysia (MyIPO)
📚 Copyright Protection
Automatic Protection Copyright arises automatically upon creation of an original work.
Voluntary Registration While not mandatory, copyright owners may apply for a Copyright Voluntary Notification (CVN), which serves as prima facie evidence of ownership
Duration: Literary, musical, or artistic works: Life of the author plus 50 years. Films, sound recordings, and broadcasts: 50 years from the year of first publication.
Rights:
Economic Rights Reproduction, distribution, performance, and adaptation.
Moral Rights Right to attribution and integrity of the work
🛡️ Trademark Protection
*System: First-to-fie.
*Duration: 10 years from the filing date, renewable indefinitely.
*Requirements: The mark must be distinctive and not identical or confusingly similar to existing mars.
*Infringement: Only registered trademark owners can initiate legal action for infringement
💡 Patent Protection
*Requirements: The invention must be novel, involve an inventive step, and be industrially applicable.
*Duration: 20 years from the filing date.
*Utility Innovations: Protected for 10 years, renewable for two consecutive terms of five years each, subject to use
*International Applications: Malaysia is a member of the Patent Cooperation Treaty (PCT), allowing for international patent applications
🖼️ Industrial Designs
Protection Perio: 5 years from the filing date, renewable for two consecutive periods of 5 years each, totalling 15 years
Requirement: The design must be new and not previously disclosed.
🌍 International Treaies
Malaysia is a member of several key international IP treaties:
Paris Convention: Protects industrial property.
Berne Convention: Protects literary and artistic orks.
Patent Cooperation Treaty (PC): Facilitates international patent applications.
Madrid System: Allows for international trademark registration.
WTO/TRIS: Sets minimum standards for IP regulation
⚖️ Enforcement and Protection
Enforcement Agencis: MyIPO, Ministry of Domestic Trade and Cost of Living, and the Royal Malaysian Police.
Remedis: Injunctions, damages, account of profits, and seizure of counterfeit goods.
Penalties: Fines and imprisonment for infringement.
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