In Malaysia, no pure information can be considered property. However, as a party to TRIPS and other agreements, Malaysia does have laws which prevent the unauthorised disclosure of information. This information is commonly referred to as “trade secrets,” although it is called “confidential information” in Malaysian law. This definition means that trade secrets cannot be proactively registered, but can form the basis of action taken against others. Confidential information in Malaysia can also take the form of virtually any other confidential information which was secret and protected by contractual agreements.
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Geographical indications (GIs) are any type of symbol, mark, etc. which is used to identify the country, region, or area from which goods originate and to which is assigned a given reputation. For example, Champagne is one of France’s most famous GIs, and goods marked as Champagne must be produced in the Champagne region and are reputed to be of high quality. Similar products not from the area must content themselves with descriptions such as “Made in Champagne-style” or “sparkling wine.” Malaysia boasts some indigenous GIs, such as Sarawak Peppers and Sabah Seaweed. In this article we’ll be looking at how you can protect your GIs in Malaysia.
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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.
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 20