Intellectual Property in Malaysia

Updated on Thursday 23rd November 2017

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Intellectual property (IP) defines creations of the mind, e.g. inventions, literary and artistic works, designs, symbols and names, as well as images used in trade. Our lawyers in Malaysia can provide legal guidance for intellectual property protection in this country. 

Intellectual property in Malaysia is protected by law, such as copyright, patents and trademarks, allowing the inventor or author to gain recognition or financial gains from what he or she has invented or created. We also advise on how to open a company in Malaysia.
 

Malaysian intellectual property protection legislation


Intellectual property protection in Malaysia is comprised of patents, trademarks, geographical indications, industrial designs, copyright and layout designs for integrated circuits. 

According to the Malaysian Investment Development Authority (MIDA), Malaysia is a member of World Intellectual Property Organization (WIPO) and has signed the Paris Convention and Berne Convention which rule the intellectual property rights. Additionally, Malaysia has also signed the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) from the World Trade Organization (WTO). Therefore, Malaysia provides ample intellectual property protection for local as well as foreign entrepreneurs. 

The intellectual property legislation in Malaysia complies with the international standards and is reviewed periodically by the Council of TRIPS. Our lawyers in KL (Kuala Lumpur) can offer more details on what this legislation consists of.

We invite you to watch the following video on intellectual property in Malaysia

 

Patents in Malaysia


Intellectual property in Malaysia is characterized by patent protection, which is regulated by the Patents Act 1983 and the Patents Regulations 1986. A candidate can apply for a patent filing directly if he lives in this country or is a resident of Malaysia. A foreign candidate can only apply through a registered patent agent in Malaysia which will be acting as a representative of the foreign applicant.
 

Trade marks in Malaysia


Trade marks protection in this country is ruled by the Trade Mark Act 1976 and the Trade Marks Regulations 1997.

Proceeding from TRIPS, Malaysia does not allow the registration of well-known trade marks by unauthorized individuals and ensures border measures to ban counterfeit trade marks from being traded in Malaysia.

For more information about IP protection in this country, please contact our Malaysian attorneys.

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