Advanz Fidelis - The Malaysian IP System

This section provides an introduction to the Malaysian Intellectual Property system as well as the various procedures and the flow of events from the time of application through to registration.

The System

Intellectual Property is an important area in the development of economy in Malaysia. The Malaysian IP protection system gives exclusive rights to the owner to control and make full use of their intellectual property assets. This includes the rights to use, register, distribute, make, sell and import their protected assets. They are also able to take legal action against those who have infringed their products or breached their intellectual property rights. In terms of international standings, issues concerning the protection of intellectual property have emerged and are leading the forefront on major issues concerning the world today. This has resulted in international agreements and conventions which have been made, such as:

Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty

All the member countries participating are required to follow the specified guidelines and standards and to provide equal protection to the local intellectual property owners and other member countries intellectual property owners.

In the Malaysian IP system, the following laws cover the country:

Patent Act 1983
Trade Mark Act 1976
Copyright Act 1987
Industrial Design Act 1996
Geographical Indication Act 2000
Layout Designs of Integrated Circuits Act 2000
Franchise Act

The IP Protection System

The Ministry of Domestic Trade and Consumer Affairs, as well as the Malaysian Intellectual Property Corporation (PHIM) govern the Malaysian Intellectual Property protection system.

Their functions are stated as follows:

To provide IP protection that equals the standards of international practice, for the importance of trade
Development of IP at the local and international level
To establish laws that help innovators and designers
Ensure that the registration of patents is according to the Patent Act 1983
Ensure that the registration of copyrights is according to the Copyright Act 1987
Ensure that the registration of industrial designs are according to the Industrial Design Act 1996
Ensure that the registration of geographical indications are according to the Geographical Indication Act 2000
To create an IP information center to share knowledge about IP and technology to the community

The services offered by these bodies are as follows:

Patents and Utility Renewal Certificates
Registration of Trade Marks & Service Marks
Registration of Industrial Designs
Registration of Geographical Indications
Advice on Intellectual Property
Public search facilities for patents and trade marks
Knowledge sharing on IP related areas

IP Education Centre

The IP Education Centre conducts training and awareness programs about intellectual property, and has been conducted at INTAN since May 1998.

The center conducts courses and seminars for the public from time to time.

International Relations

Malaysia is a member of

The World Intellectual Property Organization - WIPO (1989)
Paris Convention (1 January 1989)
Berne Convention (1 October 1990)
Agreement on Trade Related Aspects of IP Rights (WTO - 1999)

The procedures for registering a trade mark, patent or industrial design are as follows:

Procedures for Registering a Trade Mark

Procedures for Registering A Patent

Procedures for Registering An Industrial Design

Procedures for Registering A Geographical Indication

If you would like a checklist to determine if you have complied with the necessary documents required for filing, please click HERE.

Note : These documents require Adobe Acrobat Reader to view the files.

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