South-East Asia IPR Basics Series: GIs in Malaysia

Photo Andrea Parrish GeyerGeographical 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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South-East Asia IPR Basics Series: Industrial Designs in Malaysia

creative picture4An industrial design is the ornamental or aesthetic aspect of a product and is handled by the Industrial Designs Registry at the Intellectual Property Corporation of Malaysia.

In today’s article we’ll be looking into the ins and outs of Malaysia’s Industrial Design laws.

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South-East Asia IPR Basics Series: Patents and Utility Models in Malaysia

In Malaysia, as iPatentsn 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.

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South-East Asia IPR Basics Series: Copyright in Malaysia

copyright, page 2Copyright 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.

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South-East Asia IPR Basics Series: Trade Marks in Malaysia

RegisteredMalaysia 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.

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