FAQs Regarding IPR in Malaysia
Q: What is actually covered by
intellectual property protection in Malaysia?
A: Intellectual property protection in Malaysia comprises
that of patents, trademarks, industrial designs, copyrights, geographical
indications and layout designs of integrated circuits.
Q: Does
a work need to be registered to receive a copyright within Malaysia?
A: There is no need to register copyright material in
Malaysia. A work is automatically
protected under the following conditions:
§
Sufficient
effort has been made to make the work original in character;
§
The
work has been placed in material form (written, recorded, etc.);
§
The
author is a qualified person, the work is made in Malaysia, or the work is
first published in Malaysia.
Q: What
characteristics must an invention have to make it patentable?
A: Patentable
inventions must possess the following characteristics:
§
They
must be new, meaning that the invention has not been publicly disclosed in any
form, anywhere in the world;
§
They
must involve an inventive step, that is to say the invention must not be
obvious to someone with knowledge and experience in the technological field of
the invention;
§
They
must be industrially applicable, meaning it can be made or used in any kind of
industry.
Q: Where
does Malaysia rank in worldwide piracy statistics?
A: According to a report conducted by the International
Intellectual Property Alliance, Malaysia’s status is on the second tier of
“Watch list” countries with final estimated trade losses due to copyright
piracy at 187.4 million U.S. Dollars for 2004.[1]
See also USTR 2005 “Special 301” Annual Review of IPR Protection – Malaysia
link in the table of contents.
Q: What
enforcement of infringement is available within Malaysia?
A: The Patent Acts provide for patent enforcement by the
Enforcement Division of the Ministry of Domestic Trade and Consumer
Affairs. Patent owners shall lodge an
official complaint supported by the necessary documents to the Enforcement
Division of the Ministry of Domestic Trade and Consumer Affairs if they suspect
infringement. The Division will conduct
the necessary investigations and prosecutions.[2]