What is copyright?
Copyrightis a forgm of legal protection given to works of creative expression. The owner of the copyright in a work is given certain exclusive rights, such as the right to reproduce the work and to sell it.
What works can qualify for copyright?
The following works can attract copyright:
Literary works: covers items in writing such as books, letters, brochures, catalogues, etc. Computer software also falls in this category.
Musical works: covers musical notes.
Artistic works: covers works of art, such as paintings, photographs, sculpture, drawings, etc.
Sound recordings: covers recorded media, such as cassettes, compact discs, etc.
Broadcasts: covers radio and television transmissions
In order for copyright to attach, the work must be in material form and must be original in nature.
How do I register copyright?
Copyright exists automatically upon creation of the work. There is no need to register your copyright and in fact there is actually no mechanism to register copyright in Malaysia. Since there is no registration procedure, there is no certificate which can be granted in respect of copyright. The recommended way to assert ownership of copyright is to execute a Statutory Declaration.
How long does copyright last?
For literary, musical and artistic works, copyright will last for the life of the author and 50 years after his death.
For films, sound recordings and broadcasts, copyright will last for 50 years from the beginning of the calendar year next following the year when it was published.
What is a trade mark?
A trade mark is a name, brand or logo that can be used to identify and distinguish your goods or services from those of another person.
What can be protected as a trade mark?
Any name, word, number, logo, label, letter or a combination thereof may be registered as a trade mark so long as it fulfills certain requirements, namely:
It cannot be confusingly similar to a previous or existing trade mark
It must be distinctive
It cannot be generic
It cannot have direct reference to the character or nature of the goods/services
It cannot be a geographical name or surname
It cannot be deceptive or confusing
It cannot be scandalous or offensive
At present, smells and sounds cannot be registered as a trade mark in Malaysia.
How long does registration take?
From the time your application is filed, it takes about 2-3 years for the Certificate of Registration to be granted (assuming a smooth process). If there are objections or oppositions, the process will be slowed down considerably.
How long does registration last?
Upon grant, your trade mark will be valid for 10 years from the date of filing. Upon expiry you may renew your trade mark for subsequent periods of 10 years each. So long as your trade mark is continually renewed, it can be valid indefinitely.
What is a patent?
A patent is a form of legal protection given to new inventions. The owner of the patent is granted the exclusive right to exploit, assign and license the patented invention.
What can be patented?
An invention, which may be either a product or process, may be patented so long as it fulfills the following requirements:
However, there are some inventions which are excluded from patentability under Malaysian law, such as discoveries, scientific theories, mathematical models, and methods for doing business. A full list of exclusions can be found in the Patents Act 1983.
How long does registration take?
From the time your application is filed, it takes about 5-7 years for the patent to be granted (assuming a regular substantive examination). If you qualify for modified substantive examination, the time for the patent to be granted can be reduced.
How long is the duration of a patent?
Once granted, the maximum validity of a patent is 20 years from the date of filing. It should be noted that the patent has to be renewed annually, commencing on the 2nd year after grant, to keep it valid. You may keep renewing the patent until the maximum of 20 years from the date of filing.
What should I do if I cannot retrieve the document?
You need to do the following:
- to call our call center at 1-300-30-8686 or
- to call our office number at 03-40458686 or
- to email to support staff at email@example.com or
- to fax your correspondence to 03-40457686
If all avenues listed above are still not satisfactory to you, you can e-mail your predicament to our Chief Operating Officer, En Adillah Bin Abu Samah at firstname.lastname@example.org for further action.