Advanz Fidelis - IP News

30 June 2010
Most SMI Entrepreneurs Don't Protect Intellectual Property
A study by the World Intellectual Property Organization (WIPO) reveals that most small and medium industry entrepreneurs do not fully protect their intellectual property.

04 March 2009
MyIPO plans to include non-traditional trademarks
The Intellectual Property Corporation of Malaysia (MyIPO) intends to widen the scope of the Trade Marks Act 1976 by including non-traditional trade marks. MyIPO is reviewing the Act and non-traditional trade marks are expected to be introduced in three years time.

07 February 2009
UTM makes it to the top with patents
Universiti Teknologi Malaysia (UTM) ranked in the top spot by the Intellectual Property Corporation of Malaysia (MyIPO) by filing the most patents in Malaysia, filing a total of 128 patents in 2008. It was followed closely by Mimos Bhd with 103 patents, Universiti Putra with 53 patents, and Universiti Kebangsaan Malaysia with 23 patents.

05 April 2007
Malaysia Optimistic Asean Consumer Protection Committee Will Take Off Soon

Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal said that he had met with the Director Generals of the Customs World Organization and Interpol to express Malaysia's willingness to host a regional conference on Intellectual Property awareness, expected to be held at the end of this year.

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26 July 2006
Malaysians Can File International Patent Applications via PCT
Come August 16 2006, Malaysians will be able to file international patent applications through the Patent Cooperation Treaty (PCT). As the 131st member country of the PCT, Malaysians will have easier access and a unified filing procedure to file patent applications in 132 countries worldwide.

As business environments become more competitive, the success of many businesses depend on the development and maintenance of distinctive products and services through innovation and branding. IP can be invaluable commercial assets that can bring profitability and give businesses a competitive edge.

Minister of International Trade and Industry, Datuk Seri Rafidah Aziz said that Malaysia's commitment to intellectual property protection will help in its free trade agreement (FTA) negotation with the US. She said that IP was going to be part and parcel of bilateral arrangements between countries in the future and that people invested not to make simple products but to produce those with high elements of innovation, creativity and design.

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According to Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal, the Malaysian government will establish an Intellectual Property Court next year to speed up cases relating to IP infringements. This is in line with the ministry's commitment to eradicate piracy and counterfeiting activities in the country.

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09 May 2006
Malaysian Government Taking Strong Stand on IPR Protection
The Malaysian government is taking a strong stand on the protection of intellectual property rights, says International Trade and Industry Minister Datuk Seri Rafidah Aziz. She said the American business community is therefore assured that the Malaysian government safeguards intellectual creationg and technology inventions.

A total of 1,175 piracy cases were recorded last year by the Domestic Trade and Consumer Affairs Ministry's enforcement unit, a 23.7 percent increase from 950 cases in 2004. According to its minister, various efforts have been undertaken by the ministry on border controls, including setting up enforcement 'export units' which covers all major entry or exit points, including Sabah and Sarawak.

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The Domestic Trade and Consumer Affairs Ministry is striving to halve to nine months the time taken to register patents and trade marks, Minister Datuk Shafie Apdal said. This was to encourage inventors to register their patents as a protection against infringement, he said.

The Intellectual Rights Court will start hearing cases on infringement of intellectual rights by the end of this year. The special court will help speed up the cases relating to patents and trademarks, according to the Domestic Trade and Consumer Affairs Paliamentary Secretary Hoo Seong Chang. He also said that the patent registration process that normally takes up to four years presently would be reduced to three and a half years in accordance with international standards.

The Malaysian Intellectual Property Corporation (MyIPO) receives 20,000 trademark applications each year, according to its deputy director-general (industry property) Associate Professor Rohazar Wati Zuallcobley. She said according to the statistics at MyIPO, as at last year about 80 percent of trademark ownership were owned by foreigners while the rest were owned by locals.

In line with the Branding Association of Malaysia's aim to promote and encourage the development of Malaysian-owned brands, they will launch the country's first Brand Report Card Series 2005/2006 today. The performance of participating companies and their brands will be assessed based on criteria such as intellectual property management, brand equity performance, brand innovation, brand culture and financial performance.

Malaysia is vying to host the Global Congress on Combating Counterfeiting and Piracy next year to show its commitment to eradicating intellectual property crimes. The congress is supported by the World Customs Organisation and the World Intellectual Property Organisation (WIPO).

The United States and Malaysia will work closely, including sharing technical assistance, to address the ongoing infringement of intellectual property rights. According to Attorney-General Tan Sri Abdul Gani Patail, the US was concerned about infringement of IP rights in Malaysia.

The biggest piracy syndicate in the country suffered serious losses when 45,000 pirated music CDs and master stampers that could produce 1 million CDs were seized in a raid. Based on the quantity seized, the Domestic Trade and Consumer Affairs Ministry say that the syndicate was involved in manufacturing, packing and distributing the pirated goods to retailers all over the country.

The United States wants Malaysia to improve the protection of intellectual property rights in order to attract more American investors. According to US ambassador to Malaysia Christopher J. LaFleur, both nations have been enjoying a healthy trade relationship and improvements in protection of intellectual property would further enhance bilateral trade.

Prime Minister Datuk Seri Abdullah Ahmad Badawi and his Japanese counterpart Junichiro Koizumi agreed in principle on the major contents of the Japan-Malaysia Economic Partnership Agreement (JMEPA), which contains the much-awaited Free Trade Agreeement (FTA). The JMEPA covers a range of activities including intellectual property, competition policy, enhancement of the business environment, and bilateral cooperation in the fields of agriculture, forestry, fisheries and commodities.

The Forest Research Institute of Malaysia (FRIM) and a Japanese research organization, Nimura Genetic Solutions want to facilitate the introduction of a law to tackle the problem of biopiracy in Malaysia, which is one of the world's top biodiversity countries. FRIM and Nimura have come up with a Memorandum of Understanding on their collaboration which the drafters of the proposed Access & Benefit Sharing Bill should look at, according to FRIM senior director (Biotechnology Division) Dr Daniel Baskaran Krishnapillay.

The software piracy rate in Malaysia was lower at 61 percent as of 2004, which was an improvement of two percent over 2003. However, given the growth of the Malaysian software market, the losses suffered from piracy increased from RM490 million to RM509 million. In a global software piracy study commissioned by the Business Software Alliance (BSA), its chair for the Malaysia Committee said the reduction in the piracy rate was a step in the right direction.

Songket (fine silk) producers were urged to copyright their creations so that legal action could be taken against those who copied their designs. Culture, Arts and Heritage Minister Datuk Seri Dr Rais Yatim said that the government encouraged the move as it gave them full protection for their designs. He hoped the suggestion would receive a good response as songket was among the highest quality handicrafts produced in the country.

Domestic Trade and Consumer Affairs Minister Datuk Haji Mohd Shafie Apdal lamented that the concept of intellectual property is often misunderstood as being just "an obscure legal concept that is of little value in everyday life". He said that the importance of IP cannot be underestimated as "IP has become one of the biggest assets for the development of any nation's economy.

Technology acquisition will be a crucial factor in Malaysia's biotechnology push as the country aims to derive 4-5 percent of its gross domestic product (GDP) from the sector by 2020. The national biotechnology policy which is due to be unveiled on April 28 would address the issue of tax incentives and perks required to attract the private sector, according to Science, Technology and Innovation Minister Datuk Seri Dr Jamaludin Jarjis. He also said that the foreign biotechnology players' major concern remained the issue of intellectual property protection. A full discussion is to be held with the Ministry of Domestic Trade and Consumer Affairs for a complete review of IP laws, otherwise the foreign biotechnology giants will not outsource their clinical trials in Malaysia.

The Domestic Trade and Consumer Affairs Ministry has said the need for a special court to hear cases involving copyright infringement is pressing. According to Deputy Minister S. Veerasingam, the courts favour hearing high-priority cases, and those to do with intellectual property are considered a lower priority.

The slow pace of new patent registrations could affect Malaysia's competitiveness in the global marketplace. More than 33,000 patent applications were filed with the Malaysian Intellectual Property Corporation since 1999, but to date only a quarter have been approved for registration.

The government plans to set up a special court to try intellectual property cases, including disputes on patent rights and trade marks, as well as issues on piracy. Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal said that the draft proposal for the setting up of the Intellectual Property Court had been submitted to the Attorney-General for study before the bill was tabled in the Dewan Rakyat for approval.

Malaysia must do more to protect intellectual property rights, according to US Ambassador to Malaysia, Christopher laFleur. He was concerned that in the long-run, it would affect future investments by American companies in areas such as research as there was no guarantee over the security of information and company's trade secrets. The bulk of trade between both countries currently is in manufacturing, agriculture and in the oil and gas industry.

The Ministry of Trade and Consumer Affairs is taking steps to expedite the approval of the issuance of copyrights and patents for intellectual property, says its minister Datuk Shafie Apdal. The ministry planned to reduce the period for the issuance of patents from five years to three years, and copyrights from three years to nine months.

(Note: Kindly note an error in the above, the article is in relation to patents and trademarks, and NOT copyrights)

Standards for the protection and enforcement of intellectual property will develop further upon Malaysia's adoption of the Intellectual Property Rights Strategic Modernisation Plan. According to Theirry Rommel, ambassador and head of the European Commission delegation in Malaysia, the plan was developed in close cooperation beween EU and Malaysia and is important in view of the country's bid to become a knowledge-based society and woo foreign investors.

Malaysians have the potential to become well-known inventors globally, says Prime Minister Datuk Seri Abdullah Badawi. The prime minister said that he wanted to see more Malaysians becoming successful inventors, and that Malaysians should not merely be users of technology developed by others as though Malaysians cannot think of inventing their own goods using local materials or other raw materials.

A strong intellectual property landscape can attract more foreign investors to Malaysia and pave the way for a faster and effective technology transfer, says Prime Minister Datuk Seri Abdullah Badawi. Launching the 2005 National Intellectual Property Day, he said a stable IP environment would also encourage more business transactions in the sectors related to IP, and that the Malaysian community should not look at IP protection as something trivial.

Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal says that Malaysian inventors' creative talent in intellectual property is not only recognised and applauded but protected from unscrupulous plagiarism. He said that the government was exploring new ways of improving accessibility to the intellectual property protection system in addition to the ongoing public awareness programs.

Malaysia will need about 500 patent examiners to expedite the approval of patent applications, which for now takes about five to six years. According to Domestic Trade and Consumer Affairs Minister Datuk Mohamed Shafie Apdal, the increase in the number of intellectual property registrations in the country, mainly from foreigners was also another reason more patent examiners were needed. This is in order the reduce the approval period from five to six years down to two years.

A delegation of senior government officials and leading Malaysian businessmen led by International Trade and Industry Minister Datuk Seri Rafidah Aziz is expected to provide a fresh impetus to US-Malaysian relations when they visit the US from February 24 to March 4. The US corporate sector is willing to support Malaysia's campaign to stop piracy and provide protection of intellectual property rights, seeing that Malaysia has almost all the elements of an innovation economy, but needs strengthening in the protection of intellectual property rights.

Malaysia and the United States will meet again in the coming months in Washington D.C. to follow-up on discussions on the Trade and Investment Framework Agreement (TIFA) that was signed last year. The two countries had a robust and constructive discussions, including ways to improve market access and customs procedures, strenghten enforcement of intellectual property rights, and address regulatory issues affecting trade.

The first Malaysia-US Joint Council on Trade and Investment (JCTI) meeting was held with both sides discussing issues relating to trade facilitation and investment, non-tariff barriers as well as prospects for a free trade agreement (FTA) between both countries. Among other issues discussed were cooperation in two-way trade and promoting and protecting investments and protection of intellectual property and regulatory issues affecting the trade and investment.

There are between 5000 and 6000 intellectual property registration applications submitted annually, with a backlog of more than 2000 outstanding applications since 2000. Measures are being taken to speed up the approval process, which includes employing more examiners and training its officers. The processing time will be reduced to four years for patents, one year for trade marks and nine months for industrial designs.

The registration process of intellectual property registered since the year 2000 will be completed before February 2005. The Malaysian Intellectual Property Corporation (PHIM) that was set up in 2003 has set a target to overcome the backlog of more than 2000 cases.

Asean leaders attending the 10th Asean Summit signed the Asean Framework Agreement for the Integration of Priority Sectors on Monday. The document identifies the parameters withing which economic integration shall be undertaken, and among other areas, encompasses trade and investment promotion, industrial complementation, intellectual property rights, human resource development, general exceptions, review mechanisms, institutional arrangements, consultations, dispute settlement and establishment of a trade investment monitoring system for the region.

28 November 2004
VAP ensures full implementation of Intellectual Property Action Plan

International Trade and Industry Minister Datuk Seri Rafidah Aziz has said the Vientiane Action Programme (VAP) which will be signed at the 10th Asean Summit on Monday, will help in the full implementation of the Asean Intellectual Property Action Plan for 2004 to 2010. The VAP will also commit the implementation of the Asean SME Action Plan from 2004-2010 to nurture growth and help to transform and integrate small and medium scale enterprises into regional and international production networks.

The government wants more information technology-based companies to rise to the market challenge and be listed on the stock exchange. Science, Technology and Innovation Minister, Datuk Seri Dr Jamaludin Mohd Jarjis said that the government wants IT companies to move further ahead and broaden the IT sector in the equity market. Efforts would also be undertaken by the government to provide a conducive environment for the business to prosper, including tightening IT laws to address some of the IT related issues such as intellectual property.

Government studying incentives to attract biotechnology companies to Malaysia

Minister of Science, Technology and Innovation, Datuk Seri Dr Jamaludin Mohd Jarjis said that the government is currently studying incentives offered by other countries such as United States, Singapore, Europe, China and India to attract biotechnology companies to Malaysia. He said that the incentives could be in the form of financial, training as well as strengthening of intellectual property laws.

Technopreneurs are alarmed with the changes to various industry funds and grants proposed by the Government. Two major changes that were mentioned were that grant recipients that achieve commercial success should pay back the grants, and that the ownership of intellectual property that results from Government funded R&D projects should be shared.

The Government is drawing up a Bill to provide incentives for researchers to devote their time in doing research and development work with commercial potential. The Bill is being modelled after the United States' Bagh Dole Act, which allows scientists to own, as a reward, part of the intellectual property rights.

The Government will uphold its commitment to non-censorship of the Internet, but no violations of the law will be tolerated. The Chairman of the Communications and Multimedia Content Forum, Professor Tony Lee also expressed the need for development of the local creative industry, as the industry has potential for job creation through the generation and exploitation of intellectual property.

Timbalan Perdana Menteri, Datuk Seri Najib Razak menggesa institusi pendidikan tinggi menjadikan pembangunan harta intelek sebagai komponen penting dalam meningkatkan sumber pendapatan negara, kerana pendapatan menerusi hasil penyelidikan dan pembangunan (R&D) dapat menjadi penyumbang penting kepada kejayaan institusi berkenaan.

The Malaysian Government is considering creating a court dedicated to intellectual property cases, with over 600 copyright cases pending in court. According to Domestic Trade and Consumer Affairs Minister Datuk Haji Mohd Shafie, his ministry was working towards the setting up of the court, but would not commit a deadline.

Research and development (R&D) and awareness and protection of Intellectual Property (IP) rights are important to maintain exclusivity and to safeguard the nation's IP assets. Protection of IP assets was crucial to fully realise the potential of Malaysia's R&D investments and efforts.

Pengarah Perancangan dan Perhubungan Korporat Perbadanan Harta Intelek Malaysia (PHIM) Siti Eaishah Mohamad berkata bahawa pengetahuan masyarakat tentang hak perlindungan harta intelek masih pada tahap rendah dan kesedaran diperlukan untuk peningkatan teknologi dan pembangunan negara.

Budget 2005 fair, but lacks goodies for the ICT industry compared to previous years

Budget 2005 this year offered less goodies for the local ICT industry compared to the past years. Advanz Fidelis commended the Malaysian government for tabling a fair budget that emphasized the importance of research and development in concurrence with the building of a knowledge society in Malaysia.

Seeing that the Government has outlined the importance of research and development in Budget 2005, they should now emphasise more on proper intellectual property (IP) protection.

The SMI Association of Malaysia hopes the Government will help in ensuring the continued growth and development of the country's small and medium scale industries and enterprises (SMIs and SMEs) by tabling a pro-business budget this year.

Datuk Dr Salleh Mohd Nor, chairman of the Malaysian Biotechnology Industry Organisation (MBIO) hopes that the Budget 2005 would provide more for the development of science and technology, in particular the biotechnology sector.

Malaysian companies are aggressively venturing abroad, but many have still not realized the importance of protecting and capitalizing on their intellectual property. Advanz Fidelis executive director Chuah Jern Ern said the successes of many businesses depended on the development and maintenance of their unique products and services through innovation and branding, and they should not neglect the enormous prospects that can be gained from properly managing and commercializing their intellectual property.

Inspector-General of Police Tan Sri Mohd Bakri Omar called on international law enforcement agencies to keep tabs on other forms of transnational crime. He said that money laundering, intellectual property theft, drug trafficking and computer crimes continue to pose a serious threat to the sovereignty and security of most countries.

Malaysia/US officials to have first meeting after TIFA before the end of the year

Malaysian and American trade officials are likely to meet before the years end for their first formal meeting to expand trade linkages following the signing of a Trade and Investment Framework Agreement (TIFA) last May between both countries, a US official said. At an interview, US Assistant Secretary of State for Economic and Business Affairs Earl Anthony Wayne said that the US is keen to learn more about Malaysia's financial sector liberalisation and protection of intellectual property rights while Malaysia is interested at selling agriculture products to US.

The eighth meeting of the Multimedia Super Corridor-International Advisory Panel (MSC-IAP) began last Thursday. The closed-door deliberations will focus on topics such as Informations and Communications Technology (ICT) for All-ICT Being an Enabler to the Economy, Innovation-Increasing Malaysia's Intellectual Property, Outsourcing to Malaysia-Promoting Malaysia to the World, Biotechnology and Life Sciences-Convergence of ICT and Biotech and Software, Internet and Security.

The US wants Malaysia to strictly enforce intellectual property laws and clamp down on pirated goods producers to protect American companies' investments in the country. According to US Assistant Secretary of State for Economic and Business Affairs Earl Anthony Wayne, since the US was transforming into a knowledge economy, it became imperative that the US companies' intellectual property rights were safeguarded and the issue would be discussed with the Ministry of Domestic Trade and Consumer Affairs.

Jurang kesedaran yang meluas wujud antara Syarikat Perusahaan Kecil & Sederhana (PKS) dan Syarikat Mulitnasional Antarabangsa (MNC) mengenai keperluan untuk menguruskan harta intelek dengan cekap, sejajar dengan hasrat kerajaan untuk menjadikan Malaysia sebagai negara maju menjelang tahun 2020.

The Science, Technology & Innovation Ministry has proposed to form a joint-committee with the Domestic Trade & Consumer Affairs Ministry to assist in the registration of patent and intellectual copyright by local companies.

Intellectual Property (IP) specialist corporation, Advanz Fidelis Sdn Bhd, is upbeat about the growth of IP in Malaysia with the increased awareness of IP rights and its roles in businesses across the industry.

The Ministry of Science, Technology & Innovation (MOSTI) is trying to persuade government-linked companies (GLC) to allocate 5-10 percent of their profits for research and development. Its minister Datuk Dr Jamaludin Jarjis noted that Malaysia is still lacking in R&D and for every 1000 scientists, Malaysia only produces seven patented products.

Malaysia is ready to catch up to the more advanced nations in the Intellectual Property scene, with nearly half of all trade marks filed here being of local origin.

Malaysian Franchise Industry set for robust growth this year, says MFA Chairman

The franchise industry in Malaysia is expected to see robust growth this year, as reflected by its 24 percent expansion to RM10.7 billion in 2002 from RM8.6 billion in 2001, says Datuk Adzmi Abdul Wahab, Chairman of the Malaysian Franchise Association. During the Eighth Malaysia Plan (2001-2005), the Malaysian government aims to help to establish 1,200 more franchisees after having helped nurture 1,000 during the Seventh Malaysia Plan (1996-2000).

Proposal for separate IP court to handle backlog of Intellectual Property cases

The Ministry of Domestic Trade and Consumer Affairs will be proposing to the Cabinet to set up a special court to handle the backlog of Intellectual Property cases, according to its Minister Datuk Mohd Shafie Apdal.

All science and technology research and development grants will include financing for patent and intellectual property rights registration, Science, Technology and Innovation Minister Datuk Dr Jamaluddin Jarjis said.

The music industry is not out of the woods yet, despite the proposals for price controls having been scrapped. Although it(music piracy) is still at high levels, music piracy has in fact declined according to the US Trade Representative's Office annual Special 301 intellectual property rights (IPR) protection report released in May.

Authorities are attempting to stamp out piracy by cracking down on the illegal replication of movies, but not much will change unless they can stop the demand. Malaysia has become the first country in South-East Asia to launch the Motion Picture Association's (MPA) anti-piracy trailer that was shown in American cinemas in March.

Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal says it will not be realistic to lower the prices of Intellectual Property items to be at par with pirated copies, and industries that produced IP products would end up bankrupt if this happened.

Malaysia has been very successful in attracting foreign direct investments (FDIs), and should now explore non-traditional areas such as the knowledge-based, education and biotechnology sectors. "It (Malaysia) should not frown on its own record, but in terms of promoting intellectual property, there needs to be enhancement of the framework to encourage investments" says Jon Chadwick, incoming president of the Malaysian International Chamber of Commerce and Industry (Micci).

With Information and Communications Technology (ICT) becoming a major driving force of the national economy, Penang and Kulim are set to become intelligent cities linked to other cyber cities throughout the world, and would be realised in the second phase of the MSC's expansion plans from 2003 to 2010. In talks between Prime Minister Datuk Seri Abdullah Ahmad Badawi and Microsoft chairman Bill Gates in relation to Malaysia's development of its own open-source software, Gates said that the Prime Minister felt that it was important that Malaysia create and develop its own intellectual property.

With the enactment of the Protection of New Plant Varieties Act 2004, breeders of new varieties of plants and seeds are able to receive legislative protection. Registration of new varieties of plants and seeds will be handled by the Plant Varieties Board, with the setup of a register to record new findings from breeders and farmers of new plant and seed varieties.