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 Automotive Industry in South-East Asia

shift-1838138_1920 In today’s blog post we are taking a closer look at IP protection in South-East Asia for the Automotive Industry, which continues to offer many business opportunities for the European SMEs. You will learn about patent protection and when it would be wiser to relay on trade secrets instead. We will also discuss how you can protect the design of your products and how to take care of your brand. 

The automotive industry in South-East Asia has exhibited robust growth over the last few years. According to the latest statistics from the ASEAN Automotive Federation, combined motor vehicle sales in 7 major ASEAN countries (Indonesia, Malaysia, the Philippines, Singapore, Thailand, Vietnam and Brunei) reached 3.16 million in 2016[1], almost double the sales figure in 2006. Underpinned by increasing disposable income throughout the region and increasing demand for motor vehicles South-East Asia’s automotive market is expected to continue to grow rapidly. This also means that there will be promising business opportunities for European SMEs whose expertise and technology are especially sought after.

Taking into account the constant innovation that is at the forefront of the automotive industry, the importance of intellectual property as well as its protection and enforcement, are undeniable. Thus, when exploring the possibility of investing or expanding into the South-East Asian markets, European SMEs should be aware of the IP risks that they will face when operating in this region, in particular with respect to the new technologies and the ability to protect these technologies from local competitors. A comprehensive IP strategy is needed for succeeding in South-east Asia’s markets. Continue reading “IP Considerations for the Automotive Industry in South-East Asia” »

IPR Protection for the Chemical industry in Malaysia

Chemist Writing Molecular DiagramThe chemical industry in Malaysia has recently caught the interest of many European SMEs as the industry offers several promising business opportunities for the European companies. Since counterfeiting and other IP violations are still commonplace in Malaysia, South-East Asia IPR SME Helpdesk has decided to address the issue of IP protection in Malaysia in today’s blog post, focusing especially on the chemical industry. 

Malaysia’s chemical industry

Malaysia’s chemical trade with the European Union, excluding pharmaceuticals, reached 1.19 billion euros in 2015, equalling 8.4% of all EU exports to Malaysia. Chemical imports into the EU reached 1.03 billion euros, a total of 5.3% of all EU imports from Malaysia[1]. The chemical industry feeds into most of Malaysia’s other major industries, including automotive parts, electronics, and construction equipment, and is dominated by petrochemicals (43.6%, with major exports consisting of polymers of ethylene in other forms, methanol, and saturated polyesters in primary forms) and oleo-chemicals (21.9%, with major exports consisting of industrial fatty alcohols, palm fatty acid distillates, stearic acid, soap noodles, and acetic acid)[2]. Major chemical production centres include dedicated zones in Gebeng, Kertih, Pasir Gudang, and Pengerang. Continue reading “IPR Protection for the Chemical industry in Malaysia” »

IP Considerations for ICT Industry in South-East Asia

Quote

The ICT sector is considered to play a pivotal role in supporting regional integration and connectivity efforts between the countries in South-East Asia. The latest ASEAN ICT Industry Masterplan 2016-2020 aims to propel ASEAN towards a digitally-enabled economy that is secure, sustainable, and transformative and to enable an innovative, inclusive and integrated ASEAN Community[1]. The ICT industry is one of the sectors presenting major business growth opportunities for EU SMEs in South-East Asia.

technology-2082642_1280

Continue reading “IP Considerations for ICT Industry in South-East Asia” »

IP Protection for the Tourism Industry in Malaysia

tourism in MalaysiaThe first warm days of the fast-approaching spring bring along with them the desire to travel and discover new places. Many European SMEs are also  thinking about setting up their own businesses within the tourism industry in South-East Asia and particularly in Malaysia, where the tourism industry is rapidly growing. In today’s blog post we are, therefore, taking a closer look at IP protection in  the tourism industry, focusing on brand protection – the cornerstone of IP protection in the tourism industry- and the protection of internet domain names.  

Underpinned by Malaysian government’s dedication of making tourism the cornerstone of its long-term economic planning, the tourism sector is booming in Malaysia. This year, the tourism sector is expected to bring in more than EUR 22 billion, which signifies an increase of nearly 70% on 2012 levels.[1] As the government is expected to further augment tourism-related funds in coming years, plenty of business opportunities will arise for the European SMEs in Malaysian tourism sector.

SMEs engaged in tourism need to pay special attention to protecting their intellectual property (IP) rights, because IP infringements are still relatively common in Malaysia. IP rights are a key factor for business success and neglecting to register them in Malaysia could easily end SMEs’ business endeavor in the country. Thus, a robust IPR strategy is needed, when entering the lucrative market of Malaysia.  Continue reading “IP Protection for the Tourism Industry in Malaysia” »