Malaysian Chapter Of The Intellectual Property Review, 10th Edition.

24 June 2021
 

I FORMS OF INTELLECTUAL PROPERTY PROTECTION
 

i Patents
 

Patents are governed by the Patents Act 1983 (PA 1983) and the Patents Regulations 1986 (PR 1986). An invention must be new, involve an inventive step and be industrially applicable to qualify for registration and protection under the 1983 Act. Patents are granted 20 years of protection from the earliest date of filing, subject to payment of annual fees.2
 

ii Utility innovations
 

Often referred to as ‘minor inventions’, utility innovations (UI) are also governed by the PA 1983 and by the PR 1986. Protection is granted to inventions that are new and industrially applicable, but which are not required to satisfy the test of inventiveness.3 A UI may only have one claim. UIs are protected for 10 years, and the owner of the UI certificate may apply for an extension for an additional five years, and a further and second additional period of five years (10+5+5).4
 

iii Copyright
 

The law of copyright is governed by the Copyrights Act 1987 (CA 1987) and Copyright Regulations. Malaysia does not have an official register for copyrights; however, copyright holders may file a Copyright Voluntary Notification (CVN) with the Intellectual Property Corporation of Malaysia (MyIPO) to obtain prima facie evidence of ownership and evidence of the date of creation.5 The CVN acts as assistance to prove copyright ownership in court.
 

The duration of copyright is dependent upon the type of work:
 

a literary, musical or artistic works subsist during the life of the author plus 50 years after his or her death.