INTELLECTUAL PROPERTY LAWS
Short Write up
Intellectual property means the property in intellectual creations, particularly technology inventions and literary and artistic works. Inventions and works protected under the copyright protection can be used only with the consent of the inventor, author or other owner of the rights. Intellectual rights exist are also embodied in the protected trademarks.
Malaysia's Intellectual property system is made up of the following :
Trade marks as governed by Trade Marks Act 1976 and the Regulations made thereunder.
Patents as governed by Patents (Amendment) Act 1995 and the Regulations made thereunder.
Industrial designs as governed by the United Kingdom Designs (Protection) Act 1949 for Peninsular Malaysia, United Kingdom Designs (Protection) Chapter 152 for Sabah and Designs (United Kingdom) Ordinance Chapter 59 for Sarawak.
Copyright as governed by the Copyright Act 1987, Copyright (Amendment) Act 1990 and the regulations made thereunder.
Enforcement of the above intellectual property rights is provided for by the various intellectual property legislation and the Trade Description act 1972.
WHAT IS THE OBJECTIVES OF THE INTELLECTUAL PROPERTY LEGISLATIONS?
General objective is to provide intellectual property protection consistent with international practices in the interest of trade.
While the Operational objectives are:
To monitor intellectual property development at national and international levels and formulate policies.
To encourage inventiveness, innovation and creativity through appropriate legislations.
To promote research, development and dissemination of intellectual property and technology information through intellectual information network
WHO IS RESPONSIBLE FOR ALL MATTERS RELATING TO INTELLECTUAL PROPERTY IN MALAYSIA?
The Intellectual Property Division, Ministry of Domestic Trade and Consumer Affairs is responsible for all matters relating to intellectual property in Malaysia.
The functions of the Intellectual Property Division are as follows:
Provides facilities for filing of trade mark, patent and utility innovation applications
Handles all the administrative matters relating the processing of new trade mark, patent, utility innovation applications and trade mark post-registration applications.
Conduct search and examination on trademark, patent and utility innovation applications.
Provides facilities for public search on matters related to trade marks and patents.
Reviews and updates existing Copyright Act and formulates new Acts in compliance with international norms and practices.
Provides facilities for filing industrial design applications.
Handles administrative details associated with the processing of industrial design application (in the near future).
Handles queries on intellectual property.
WHAT TO DO IF THERE IS AN INFRINGEMENT?
Copyright 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. An immediate action will be taken by the said authority. The Division will conduct the necessary investigation and prosecutions.
Intellectual Property Division,
Ministry of Domestic and Consumer Affairs,
22nd Floor, Menara Maybank,
50050 Kuala Lumpur
Telephone : (6) 03 2329955 or (6) 03 2002938
Facsimile : (6) 03 2012618
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