The Importance of Voluntary Copyright Registration in Malaysia: A Case Study

shutterstock_176603774In today’s blog post we will be taking a closer look at the Copyright registration in Malaysia. The article demonstrates through case study the importance of voluntary copyright registration in Malaysia 

Copyright in Malaysia

Copyright in Malaysia protects literary, artistic, musical and dramatic works. Copyright also protects sound recordings, published editions, films, broadcasts and performer’s rights. Copyright ownership could be held either by the author, his employer or the person who commissions the work.

It must be noted that an author retains the right to have his name identified as the author of the work based on what is called a moral right. The author also has the moral right against the distortion, mutilation or other modification of his or her work. Ownership of copyright entails an exclusive right to commercially exploit the work. A classic example of commercializing a copyrighted work is the distribution of copies of the work for sale. We can see this in traditional commerce such as books and compact discs. As an intangible property, copyright can also be licensed or assigned to third parties for royalties. When licensing, it is important to determine the extent of copyright use that is permitted.

In Malaysia, copyright exists as soon as the original work is created and belongs to the creator of the work automatically. There is no formal requirement for the work to be registered in order for copyright to be claimed or recognized, however a copyright owner may voluntarily register their copyright in Malaysia. Registration is still advisable for foreign SMEs as the registration can be extremely useful in enforcement proceedings as evidence of your ownership. To claim copyright ownership (i.e. to forewarn infringement), a notice with the symbol © may also be placed in/on the work followed by the name of the owner and the year of first publication. Continue reading “The Importance of Voluntary Copyright Registration in Malaysia: A Case Study” »

IP Considerations for the Textile Industry in Indonesia

towels-1511875_1920In today’s blog post, we are taking a closer look at the IP protection in Indonesia concerning textile industry. As the industry is attracting investments and offering many business opportunities, it is vital to remind to European SMEs about the importance of IP Protection. In this article you’ll  learn how to protect your brand, your design and patterns as well as your textile machinery. 

Being one of the 10 largest textile producing countries in the world, Indonesia has a vibrant and growing textile industry that contributes a considerable amount to the country’s GDP and offers employment to over 3 million people.[1] Furthermore, Indonesian government is committed to further developing the country’s textile industry and to increasing the nation’s value of exported textiles to 64 billion EUR in 2030[2]. The anticipated conclusion of the Free Trade Agreement between the EU and Indonesia would further offer European SMEs some promising business opportunities in Indonesia’s textile sector.

At the same time Indonesia’s textile industry still uses relatively old weaving and knitting machinery and is in need of new technologies if it wishes to stay ahead of its competitors in the region like Vietnam and Cambodia. This offers further business opportunities for European SMEs whose top-notch technology is highly appreciated in the region.

European SMEs, however, need to pay attention to protecting their intellectual property rights because despite improvements made in Indonesia’s IP laws and regulations, IP infringements are still commonplace in the country. IP rights are a key factor for business success and neglecting to register these rights could be very costly for SMEs. Thus, a robust and comprehensive IP strategy is needed when entering Indonesia’s market. Continue reading “IP Considerations for the Textile Industry in Indonesia” »

Thailand: Impact of International Patent Developments

patent-without backgroundToday’s blog post has been kindly shared with us by our external experts Mr. Daniel Greif and Mr. Dhanasun Chumchuay from Spruson & Ferguson. In this article, Mr. Grief and Mr. Chumchuay explain the two announcements made by Thai Department of Intellectual Property and their impact on companies wishing to apply for patents in Thailand. This article first appeared in Managing Intellectual Property Magazine. 

On May 5 2017, the Thai Department of Intellectual Property (DIP) issued two announcements in regard to patent processes in Thailand: (1) Announcement on the Establishment of a List of International Search Authorities and International Preliminary Examining Authorities (No 2); and (2) Announcement on Fees for International Applications, International Searches, Delivery of International Applications and Late Payment of Fees.
The first announcement specifies the Intellectual Property Office of Singapore (IPOS) among the list of International Search Authorities (ISA) and the International Preliminary Examining Authorities (IPEA), while the second announcement establishes new fees for international applications, which have been adjusted to reflect the current fee rates charged by the listed ISAs and the current currency exchange rates.
These two developments reflect the continued positive steps being taken by the DIP to create greater efficiencies and to upgrade patent processes, as well as to clear the patent backlog that poses a constant obstacle to timely patent prosecution in Thailand.

IPOS as ISA and IPEA
The DIP’s Announcement on the Establishment of a List of International Search Authorities and International Preliminary Examining Authorities (No 2) confirms the IPOS as a body qualified as an ISA and an IPEA for international applications filed in Thailand. Continue reading “Thailand: Impact of International Patent Developments” »

IP Protection in the Philippines for the Environmental Technologies Industry

MC900437625In today’s blog post we take a closer look at how European SMEs can protect the IP rights of their environmental technologies in the Philippines. This sector has recently started to boom and offers many promising business opportunities to European SMEs. You will hear more about patent protection and trade mark protection. We will also offer some tips on how to enforce your rights. 

European SMEs that are working on high-tech sustainable solutions for environmental problems find the Philippines quite a promising market. The country that is highly vulnerable to climate change faces many environmental challenges including deforestation, costal degradation, air and water pollution as well as issues arising from waste disposal, just to mention the few most pressing issues. At the same time, the government of the Philippines is committed to looking for solutions, including sustainable high-tech solutions to the most pressing environmental issues, as it is annually allocating over 16 million EUR for climate change adaptation and mitigation funding[1].

European SMEs offering technological solutions to energy efficiency issues, environmentally sustainable transportation, sustainable infrastructure or waste management sectors, are expected to find many promising business opportunities in the Philippines, as these are the sectors that the government of the Philippines is highlighting as the priority sectors in its National Framework Strategy on Climate Change 2010-2022.[2]

European environmental technology providers wishing to enter the Philippines’ market need to keep in mind that despite the recent improvements in the Philippines’ IP laws and regulations, counterfeiting and other IP infringements are still commonplace in the country and thus a robust IP strategy is needed to grow their business in the Philippines. Continue reading “IP Protection in the Philippines for the Environmental Technologies Industry” »

IP Protection in Malaysia for the Medical Device and Healthcare Industries

insurance-1991276_1920In today’s blog post we are taking a closer look at IP protection in the medical device and healthcare industries in Malaysia. You will learn more about the importance of patents in medical device industry and the various patents that can be applied in Malaysia as well as about the importance of brand protection. 

As one of the main pillars of Malaysia’s economy, supported by numerous governmental initiatives, medical device and healthcare industry is growing fast in Malaysia, making the country one of the top destinations for medical tourism. Healthcare industry in Malaysia is expected to grow close to 30% per year up to 2020[1] and as Malaysian government is creating various incentives for foreign investments, this sector is expected to offer many promising business opportunities for European SMEs.

Malaysia has a large ageing population with rising disposable income and European SMEs can find business opportunities in many sectors including elderly care. As digitalization is still one of the challenges in Malaysia’s medical device and healthcare sector and since the government is encouraging the implementation of the E-Health Strategy, European high-tech solutions are much welcome in Malaysia. Furthermore, as Malaysia’s population is becoming increasingly affluent, consumers pay a lot of attention to wellness and disease preventions, meaning that there is growing market for medical devices that are used to self-monitor one’s health condition like blood glucose and pressure monitors[2].

European SMEs wishing to do business in Malaysia’s healthcare and medical device sector should pay attention to protecting their intellectual property rights, because even though Malaysia’s IP regulations have improved over the past years, counterfeiting and other IP violations are still commonplace in the country. At the same time, neglecting to protect IP rights can often quickly end European SMEs’ business endeavors in South-East Asia. Continue reading “IP Protection in Malaysia for the Medical Device and Healthcare Industries” »