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” »

IP Protection for the Food & Beverages Industry in Malaysia

fb-ip-protectionIn today’s blog post we are taking a look at the IP protection in Malaysia for the food and beverages sector. The F&B sector in Malaysia is rapidly growing,  but so are counterfeiting and other IP infringements. This blog post gives some advice to European SMEs on how to build a robust IP protection strategy in Malaysia for the food and beverages sector.  

Malaysia’s food & beverage industry is growing rapidly, with the revenue of over 25 billion EUR in 2015 and with an annual growth rate of 7.6%,[1] making the country thus attractive for European SMEs.

Malaysia has a large Muslim population and has, thus strong consumer demand for imported beef, mutton and other halal products.  This means that importers should be aware of that all slaughtered food must possess halal certification and adhere to specific labelling requirements.

Malaysia’s rapidly growing middle class constitutes a consumer base that is increasingly health-conscious, pays attention to the nutrition value of the food, prefers minimally processed fresh food and tends to trust foreign (western) brands when it comes to packaged food.

Together with rapid economic growth, counterfeiting in food products has also increased dramatically in recent years. Thus, the EU SMEs should take steps to ensure that their IP rights are protected, when selling their food products to Malaysia.

IPR are very relevant in the food & beverage industry, such as Trade Marks, Geographical Indications, Design and Trade Secrets.

Trade Mark Protection in Malaysia

Increasing brand consciousness, concerns about food safety and the relatively high number of counterfeiting in the country mean that brand reputation is especially important in Malaysia. A trustworthy brand can be critical to the success of food & beverage products as company’s trade mark functions as a badge of quality. Continue reading “IP Protection for the Food & Beverages Industry in Malaysia” »

South-East Asia IPR Basics Series: Malaysia, the ASEAN Economic Community, the TPP, and Intellectual Property

shutterstock_30496642_sMalaysia 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.

Continue reading “South-East Asia IPR Basics Series: Malaysia, the ASEAN Economic Community, the TPP, and Intellectual Property” »

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

IP TheftIn 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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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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