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Written by Administrator
Friday, 22 February 2008
HOW TO REGISTER FOR INTELLECTUAL PROPERTY (“IP”)
 
General Info
In a knowledge-based economy where technology and economic change rapidly with intense global market competition, Intellectual Property Rights are the key critical factor for business expansion and profitability.
 
Intellectual property is divided into trade marks, patents, industrial design, copyrights and others.
 
What is Trade Marks?
A Trade mark is a mark which distinguishes the goods and services of one trader from those of another. A mark includes word, logos, names, pictures, letters, numbers or any combination.
A Trade Mark is used a marketing tool to enable customers in recognizing the product of a particular trader.
 
 
Functions of Trade Marks –
a)      Origin function
b)      Choice function
c)      Quality function
d)      Marketing function
e)      Economic function
 
Importance of Trade Mark Registration
It provides for –
a)    Exclusives Rights – Registered trade mark owners have exclusive right to use their marks in
    trading. They also have the rights to take legal action for infringement under the Trade Marks Law,
    ie; Trade Marks Act 1976 and Trade Marks regulation 1997(Amendment 2001) against others who
    use their marks without consent. They can either take civil action or lodge complaints to
    Enforcement Division for appropriate actions under the Trade Description Act 1972.
 
b)    Legal Evidence – Registration certificate issued by the Registrar is a prima facie evidence of trade
    mark ownership. A certificate of registration serves as an important document to establish the
 
    ownership of goods exported to other countries.
 
 
What is Patents?
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
What is Utility Innovation?
A utility innovation is an exclusive right granted for a “minor” invention which does not require to satisfy the test of inventiveness as required of a patent.
 
Why protect an Invention?
A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner’s invention in Malaysia without the owner’s consent or permission.
 
What is Industrial Design?
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal to eye.
 
What is Copyrights?
Copyright is the exclusive right given to the owner of copyright for a specific period. Copyright protection in Malaysia is governed by the Copyright Act 1987. there is no system of registration for copyright in Malaysia. A work that is eligible is protected automatically upon fulfillment of the conditions below:
a)      sufficient effort has been expected to make the work original in character;
b)      the work has been written down, recorded or reduced to a material form;
c)      the author is qualified person or the work is made in Malaysia or the works first published in Malaysia.
 
Works eligible Copyrights protection are –
a)      musical works
b)      literary
c)      films
d)      artistry works
e)      sound recordings
f)        broadcast
g)      derivative works
 
These works shall be protected irrespective of their quality and purpose for which they were created. However, the copyright protection shall only extend to expression and not ideas, procedures, method of operation or mathematical concepts as such.
 
In alignment with our clients’ business objectives, we help our clients to develop comprehensive IP protection plans that take full advantage of utility and design patents, trade secrets, trademarks, domain names, copyrights and other forms of IP.
 
From concept to market, every stage along the way, we protect, enforce, defend, and expand your innovations and brand identity. We turn your ideas into valuable business assets.
 
 
Last Updated ( Monday, 03 March 2008 )

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