The Intellectual Property Corporation of Malaysia (MyIPO)
THE INTELLECTUAL PROPERTY
CORPORATION OF MALAYSIA
The Intellectual Property Corporation of Malaysia (MyIPO) is an agency under the purview of the Ministry of Domestic Trade, Co-operatives and Consumerism responsible for the development and administration of intellectual property rights (IPR) system in Malaysia. With a vision “To Be One of The Leading Intellectual Property Organisations”, MyIPO committed to carry out its mission “To provide strong legal infrastructure and effective administration to enhance greater creativity and exploitation of intellectual property (IP)”.
As a statutory body established under the Intellectual Property Corporation of Malaysia Act 2002, MyIPO is guided by Five Objectives:
Four Main Functions
IP Services provided by MyIPO
MyIPO’s core services include registration of patents, trade marks, industrial designs, geographical indications and copyright voluntary notification; advisory services on IP; provide IP information/statistics; IP training; patent agent examination; online search, filing and application status; outreach programmes and helpdesk.
i) Registration of patents, trade marks, industrial designs,
geographical indications and copyright voluntary notification
MyIPO provides registration services for patents, trade marks, industrial designs, geographical indications and copyright voluntary notification. We provide both manual and online filing to enable applicants to submit their application forms without any hassle.
Copyright protection subsists upon creation. However, owners of copyright works may register their works at MyIPO on voluntarily basis.
ii) Advisory services on IP
MyIPO provides advisory services on IP upon request. This service aims to guide and facilitate applicant on filing matters.
iii) Provide IP information/statistics
MyIPO provides IP information such as IP legislations, development of IP system, current activities and statistics upon request.
iv) IP training
MyIPO through the Intellectual Property Academy (IPA) has been tasked to conduct and organize seminar, workshop, briefing and training on IP related matters throughout the years. The programmes are tailored according to the needs of the target group such as researchers, academicians, government agencies, universities, enforcement agencies, entrepreneurs and MyIPO officials. Some of the programmes were organized in cooperation with World Intellectual Property Organisation (WIPO) or other foreign IP offices. We have our own homegrown speakers but we also invite other local and international experts to share their knowledge and experience with the participants. IPA is equipped with 5 training rooms, one ballroom, computer training lab and IP library. The training facilities in IPA is also available for rent.
v) Patent agent examination
According to our IP legislation, foreign applicants shall appoint a registered local agent to act on their behalf with regards to IP filings. The IP agents are registered if they fulfill the requirements of the respective legislations. However, to be a patent agent, in addition, the candidate needs to pass patent agent examination. MyIPO provides intensive course for the interested candidates and conduct the patent agent examination once a year. The examination process, including selection of speakers and examination papers are assessed, approved and monitored by the Patent Board. Registered patent agent is qualified to apply for trade mark, industrial design and geographical indication agent.
vi) Online search, filing and application status
In 2011, MyIPO introduced IP Online System that provides a secured web-based filing system for patent, trade mark, industrial design and geographical indication. This system also offers online search and facilitates applicants to check their current application status.
vii) Outreach programmes
MyIPO has conducted and organized a number of outreach programmes to raise awareness on the importance of IP protection. Among the programmes include:
• Celebration of National Intellectual Property Day is held annually.
• Launched of IP Mobile Clinic to disseminate IP information and to instil creativity among students and public.
• Introduced Media Action Plan which includes television and radio interviews on IP, publication of IP articles in major newspaper and outdoor advertisement on IP.
• Publication of MyIP Bulletin twice a year as a platform for writers from IP industry to discuss and put forward commentaries on various IP issues.
• Introduced MyIPO’s Facebook, Twitter and You Tube to reach out to youth and social media users.
• Implementation of Knock door-approach which enables MyIPO officials to meet personally with our potential client and disseminate information on IP.
• Organized IP Summer Camp focusing on school children. 200 school children participated in this programme which was held in May 2013 at Seri Puteri School, Cyberjaya.
• Participation in business/technology related exhibitions.
viii) Helpdesk
MyIPO provides Helpdesk service to facilitate applicants and potential client in using our system as well as to provide IP information.
Brief information on IP Protection in Malaysia is attached as ANNEX I. More information on MyIPO and IPR system in Malaysia are available at www.myipo.gov.my
Contact Details
For enquiries please contact our corporate e-mail: ipmalaysia@myipo.gov.my or call us at: +603 2299 8400 or visit our office (HQ) at Unit 1-7, Ground Level, Menara UOA Bangsar, No.5, Jalan Bangsar Utama 1, 59000 Kuala Lumpur or any of our branch offices:
INTELLECTUAL PROPERTY CORPORATON OF MALAYSIA
4 JULY 2014
ANNEX I
IPR Protection in Malaysia
• Patent and Utility Innovation
Protection for patent and utility innovation is governed by the Patents Act 1983 and Patents Regulations 1986.
Patents are protected upon grant for 20 years from the date of filing and subject to yearly renewal. Priority of rights is based on the first-to-file principle.
Utility innovations are protected for ten years from the date of filing subject to yearly renewal and may be protected for two additional five-years terms.
• Trade Mark
Protection for trade mark is governed by the Trade Marks Act 1976 and Trade Marks Regulations 1997. The protection is given to both goods and services. Registration of a trade mark is protected for an initial period of ten years and renewable for every ten years thereafter.
• Industrial Design
Protection for industrial design is governed by the Industrial Designs Act 1996 and Industrial Designs Regulations 1999. Registration of an industrial design is protected for an initial period of five years and may be extended for another four 5-years terms. The maximum period of protection is 25 years.
• Geographical Indication
Protection for geographical indication is governed by the Geographical Indications Act 2000 and Geographical Indications Regulations 2001. The protection is applicable to goods such as natural or agricultural products or any product of handicraft or industry. The period of protection is ten years and renewable for every ten years thereafter.
• Copyright and Related Rights
Protection for copyright and related rights are governed by the Copyright Act 1987 and Regulations. Copyright protection subsists upon creation. However, owners of copyright works may register their works at MyIPO on voluntarily basis. Copyright protection for literary, musical or artistic works is for the duration of the life of the author and 50 years after his death. Protection for sound recordings, broadcast or films is for 50 years after the works are first published or made. Protection for the performer’s rights in a live performance subsists for 50 years from the beginning of the calendar year following the year in which the live performance was given or was fixed in a sound recording.
• Layout Design of Integrated Circuit
Protection for layout design of integrated circuit is governed by the Layout Design of Integrated Circuits Act 200. There is no registration for the layout design of an integrated circuit. The period of protection is 10 years from the date of its commercial exploitation or 15 years from the date of creation if not commercially exploited.
International Treaties
Malaysia is a member of World Intellectual Property Organisation (WIPO) since 1989 and has acceded to seven conventions/treaties/agreements administered by WIPO as follows:
(i) Paris Convention for the Protection of Industrial Property in 1989;
(ii) Berne Convention for the Protection of Literary and Artistic Works in 1990;
(iii) Patent Cooperation Treaty in 2006;
(iv) Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks in 2007;
(v) Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks in 2007;
(vi) WIPO Copyright Treaty in 2012; and
(vii) WIPO Performances and Phonograms Treaty in 2012.
Malaysia is also a signatory to the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement since 1995. Malaysia’s IP legislations complies with the TRIPs Agreement and other IP international treaties which Malaysia is a party to.