In Malaysia, as in Europe, a patent is an invention that is new, involves an inventive step, and is industrially applicable. Essentially, a patent is what you use to protect inventions—creative and novel solutions to technical problems. The Patent Division of the Malaysia Intellectual Property Corporation handles registration of Malaysian patents by two methods: national phases of Patent Cooperation Treaty applications, or direct national applications. Utility models are referred to as Utility Innovation (Certificates) in Malaysia and are processed similarly to patents, except do not require an inventive step and can only cover a single claim per application. All applications may be filed in either English or Malay (Bahasa Malaysia), although the majority are filed in English. Additionally, the basic filing fee for patent registration in Malaysia starts from RM 1,490, or approximately EUR 330.
In today’s article we explore the different types of patent available in Malaysia, how and where to register them, and the enforcement options available.
Copyright in Malaysia is governed by the Copyright Act (1987) and the Berne Convention (to which Malaysia acceded in 1990). As a member of the Berne Convention, Malaysia recognises a wide variety of artistic works which are copyrightable, including literary, artistic, and musical works, sound recordings and films, drawings, computer codes, and more. All artistic works receive protection for the form of the work’s expression—meaning, for example, that your code is protected, but you cannot prevent someone from writing different code which accomplishes the same thing by using copyright.
In today’s article we explore the Malaysian copyright system, with a focus on how European SME’s can best exploit it to protect their materials.
Malaysia is a South-East Asian nation consisting of sections on the Malay Peninsula and on the island of Borneo, with the South China Sea lying between them. Malaysia’s population of over 30 million works in the world’s 20th most competitive economy (as of 2014-15), with a PPP GDP of $747 billion, making it the third largest in ASEAN and the 28th largest worldwide. Malaysia’s newly-industrialised market economy has consistently posted impressive gains, averaging 6.5% growth per annum over the period 1957-2005.
Over the next few posts, the South East Asia IPR SME Helpdesk will explore the various IPRs available to European companies looking to do business in the territory, beginning with today’s summary of Malaysian trade mark regime.