BUSINESS BRIEF: MALAYSIA
BUSINESS BRIEF: MALAYSIA
Te shiſt of economies from manufacturing to knowledge-based economies has made IP an increasingly recognised key business asset of a company. Tere is now increased appreciation of the value of innovation and intellectual assets as a catalyst of economic growth. With this in mind, the Malaysian government’s efforts in introducing legislative changes and policies combined with its effective IP enforcement strategy is aimed to transform the IP landscape in order to project the country’s competitive edge as an investment destination.
Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
A patent is a form of legal protection given to new inventions. An invention, which may be either a product or process, may be patented so long as it is new, involves an inventive step and is industrially applicable.
Patent protection in Malaysia can be secured by filing a patent with the IP Corporation of Malaysia (MyIPO) where the application will be examined to ascertain whether it meets the requirements of registrability. A granted patent is valid for a period of 20 years from the filing date.
A patent filing strategy is best adopted when deciding whether to seek patent protection locally and/or internationally.
Since May 16, 2006,
Malaysian patent owners and companies have been able to take advantage of the Patent Cooperation Treaty filing system to file and prosecute patent applications and protect inventions internationally.
Where can you find information on existing patents in your jurisdiction?
Information on existing Malaysian patents can be found by conducting a search at the Public Search Room at MyIPO or online at the Patent and Trade Mark Administration System (PANTAS).
Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?
Disclosure of an invention prior to filing the patent is a common mistake among patent owners as such a disclosure can affect the novelty requirement of the patent. Failing to conduct comprehensive prior art searches is also a common mistake which can result in the patent owner running the risk of having its patent challenged.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Sending a cease and desist letter to the wrongdoer is a pre-contentious measure which could be self- funding as damages and cost could be sought. Other preemptive measures like publishing the proprietary rights in the media in order to forewarn the trade and public of the owner’s seriousness in protecting and enforcing its proprietary rights should also be considered before embarking on a full scale patent litigation suit.
Have there been any changes to the patent law(s) in the last 12 months?
No, but since February 15, 2011, expedited examination of patent applications has been allowed whereby applicants may request an approval to undertake an expedited examination aſter 18 months from the priority date or filing date of the application.
Trademarks
How do you register or secure trademark rights, and what protection does it grant? Registration of a trademark is obtained by filing the application at MyIPO. Trademark protection provides exclusivity to the registered proprietor to use the mark on the goods or services for which the mark is registered and the prima facie right to take legal action under trademark infringement against wrongful use of the registered mark
124 World Intellectual Property Review Annual 2013
or any confusingly similar mark in relation to the goods or/services in respect of which the mark is registered. Protection is available for unregistered rights under common law.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement?
Te Internet has provided an expansive platform for increasing the sale of infringing goods. Te misuse of the owner’s mark particularly in the online environment has become more prevalent and is a key threat to trademark owners. Brand vigilance along with prompt action is an important strategy that should be adopted against the misappropriation of a trademark.
What are the most common mistakes trademark owners make?
Failing to conduct clearance searches on the Trademark Register at both national and global levels is a common occurrence. Ascertaining whether the trademark encompasses a common name or trade name is also prudent before embarking on a new brand.
Have there been any changes to the trademarks law(s) in the last 12 months?
No, but since February 15, 2011, expedited examination of trademark applications has been allowed. Forthcoming amendments will include provisions to facilitate Malaysia’s accession to the Madrid Protocol. Another significant change to the trademark legislation which is much hoped-for is the introduction of non-traditional trademarks that would expand the definition of a trademark to include three-dimensional marks, colour, smell, sound and other non-conventional marks.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Te commercial trade of pirated goods has seen a sharp increase due to the advancement
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