Intellectual Property Law Malaysia Notes

MyIPO has also entered into strategic partnerships with IP markets in other Asia-Pacific countries. Malaysia manages its intellectual property rights through an agency under the Ministry of Internal Trade and Consumer Affairs, the Intellectual Property Corporation of Malaysia (MyIPO). In any foreign market, companies should take into account several general principles for effective protection of their intellectual property. For more information, a link to our article on intellectual property protection and Stopfakes.gov or contact: U.S. intellectual property rights (IPR) holders should consider obtaining intellectual property protection in Malaysia before launching their products or services in the Malaysian market. Companies may want to obtain privacy and non-competition bans or seek advice from local lawyers or consult with experts in Malaysian intellectual property law before sharing their technologies or business information with local partners. The intellectual property rights in force in Malaysia today are similar to those of other members of the Commonwealth of Nations. In general, Malaysia`s intellectual property rights are in line with recognized international standards. Technically, under Article 70O of the TMA, the Royal Malaysian Customs Department (“RMCD”) may be able to automatically detain goods that are counterfeit and then contact the MDTCC or trademark holders to go to the relevant point of entry to conduct a preliminary visual inspection of the detained goods. However, RMCD officials are generally not fully equipped or trained in intellectual property issues and will generally be reluctant to detain goods without receiving complaints from trademark owners. As a result, businesses throughout Malaysia benefit from the possession and exploitation of intellectual property rights. As a member of the World Trade Organization (WTO) and the World Intellectual Property Organization, Malaysia generally adheres to the international intellectual property standards established by the Agreement on Trade-Related Aspects of Intellectual Property Rights. Malaysia is also a party to the Patent Cooperation Treaty and the Madrid Protocol.

Patent and trademark applicants can use these international systems to file international patent and trademark applications in order to obtain protection in Malaysia. The registration of the trademark is valid for ten years from the date of filing and can be renewed every ten years. Malaysia is also a member of the World Intellectual Property Organization (WIPO). Malaysia has also signed the Paris Convention, which regulates intellectual property rights. It is also a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which was signed under the auspices of the World Trade Organization (WTO). The Malaysian government has also put in place a mechanism to strengthen the ip ecosystem in the country. This would ensure a healthy flow of IP supply and demand and supply. Malaysian intellectual property law is mainly contained in laws and customary law.

There is national legislation on copyright, patents, industrial designs, geographical indications, layout designs, optical media and trademarks. Malaysia also recognizes the common law principles for the disclosure and protection of confidential information/trade secrets. Intellectual property rights are among the most important intangible assets of entrepreneurs in Malaysia. These rights prevent the unauthorized reproduction or use of objects or works over which the owner of the business must have all the rights. The Intellectual Property Tribunal was established on July 17, 2007 to focus exclusively on intellectual property disputes. The Government of Malaysia has designated fifteen (15) Sessional Courts with criminal jurisdiction and six (6) High Courts with civil and appellate courts dealing exclusively with intellectual property matters. The six (6) states of Malaysia with the highest number of IP cases would each have a Supreme Court dealing exclusively with IP cases involving the prosecution of crimes under the Trade Names Act, the Copyright Act, the Optical Discs Act and the Patent Act. However, judges of intellectual property courts do not have to have legal expertise in the field of intellectual property […].

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