INTELLECTUAL

PROPERTY
-Refer as a legal entitlement
attached to the expresses
form of an idea.

TYPES
PATENT
COPYRIGHT TRADEMARK
INDUSTRIAL
DESIGN
TRADE
SECRET
INVENTION
PROTECTION
PATENT
UTILITY
INNOVATION
- An exclusive right
granted for an
invention, which is a
product/process
that provides a new
way of doing some
things/ offers a new
technical solution to
a problem.
- An exclusive right
granted for a minor
invention which
does not require
satisfying the test of
inventiveness as
required of a patent.
WHY PROTECT INVENTION?
- Give right for the owner to stop other
from manufacturing/selling/using w/out
owners permission.
WHO CAN APPLY
- Any person may make an
application for a patent/
utility innovation either
alone/jointly with
another person
CRITERIA PATENTABLE
INVENTIONS
Functional/
technical
New
Involve an
inventive action
Industrially
applicable
NON-PATENTABLE
INVENTIONS:
- Discoveries, scientific theories and
mathematical methods
- A literary, dramatic, musical or
artistic work
- Schemes, rules or methods for doing
business, performing purely mental
acts or playing games
- The presentation of information, or
some computer programs
- Anything immoral or contrary to
public policy
-



























PURSUING PATENT
(GUIDELINE)
- Pursue patents that are broad, or
commercially significant, and offer a
strong position
- Prepare patent
plan in detail
- Have your actions
relate to your patent
plan
- Establish an
infringement
budget
- Evaluate the
patent
strategically
TERM OF
PROTECTION
FOR PATENT
- A patent is protected 20 years from the
date of filing
- A Utility innovation is protected 10 years
from the date of filing
- Once a patent expires, the owner no longer
holds the exclusive rights to the invention.

Exporting firms still face problems of imitations and
counterfeit products
The solution to this is internationalizing the patent
law to protect firms operating in the global market.
To facilitate patent filing in multiple countries with a
single office rather than filing in each separate
country, the Patent Cooperation treaty (PCT) with
over 100 participating countries was established

This arrangement helps to reduce the cost of multiple
patent applications by firms operating in the global
markets.
This will indirectly contribute to the economy of the nation
because it helps to curtail imitation and counterfeit
products.

INTERNATIONAL IP
PROTECTION
The World Intellectual
Property Organization
(WIPO) in Geneva is
administering this
facility.




























COPYRIGHT
- formed of intellectual property
protection or exclusive right given to
individuals who produce original works
of art and literature, music, films,
sound recording, broadcasts, derivative
works and computer programs.
CONDITONS:

1. Sufficient effort has been spent to
make the work original in character
2. The work has been written down,
recorded or reduced to a material
form
3. The author is a qualified person or
the work is made in Malaysia or the
work is first published in Malaysia

WHAT CAN COPYRIGHT
PROTECT?
Literary
work
Dramatic
works
Musical
works
Artistic
works
Layout
arrangements
Recordings
Broadcasts
Derivative
works
OWNERSHIP OF
COPYRIGHT
FILM
SOUND
RECORDING
LITERARY WORKS(INCLUDING
SOFTWARE & DATABASES),
THEATRICAL, MUSICAL OR
ARTISTICS (INCLUDING
PHOTOGRAPHIC)
the reproduction of the works in any form (including photocopying, recording etc)
the performing, showing or playing to the public
the communication to the public
the distribution of copies to the public by sale or other transfer of ownership
the commercial rental to the public.

LEGAL RIGHT OF
COPYRIGHT OWNERS



























TRADEMARK
Trademark is a distinctive name,
mark, symbol or motto identified
with a companys product(s).

A trademark is a sign which
distinguishes the goods and
services of one trader from those of
another.

FUNCTIONS
ORIGIN
CHOICE
QUALITY
MARKETING
ECONOMIC
IMPORTANCE OF TRADEMARK
REGISTRATION
Exclusive right
Legal
evidence
1. TRADEMARKS ART 1976
2. TRADEMARKS REGULATION 1997
(AMENDMENT 2001)
LAW GOVERNING
TRADEMARK
The unregistered trademark owner must
convince the court that the infringing act
misleads the public.
The infringing goods and services may
be mistaken from their own goods and
services.

REGISTRATION OF
TRADEMARK IN
MALAYSIA
An invented word or words
Applicants signature
Words with no direct relation to goods or
services, geographical name or surname.
Any distinctive sign such logos, pictures, symbols,
etc
Not deceptive, confusing, contrary to law,
scandalous or offensive.
Not identical or similar to earlier registered
trademarks.
Not identical or similar to well-known trademark.

TERM FOR
REGISTRABILITY
OF TRADEMARK
TERM OF
PROTECTION FOR
TRADEMARK
Valid for 10 years from the date of
application and may be renewed
every 10 years.




























INDUSTRIAL
DESIGN
An industrial design is the ornamental or
aesthetic aspect of an article.
- The design may consist of three-
dimensional features
- The design features must be applied to an
article by any industrial process
OWNERSHIP
RIGHTS
A registered industrial design provides
an exclusive right to make, import or
sell or hire out any article to which the
design has been applied.
The owner of a registered design has
the right to take legal action against an
infringer within 5 years from the act of
infringement.

It does not have a clear aesthetic
appearance.
It is a method or principle of
construction.
Designs features dictated solely by
function.
Integral parts which consist of features
that dependent upon the appearance
of another article.
Differs only in immaterial details or in
features commonly used in the
relevant trade (trade variants).
The designs those are contrary to
public order or morality.

EXCLUDED DESIGN
FROM REGISTRATION
TERM OF PROTECTION
A registered industrial design is
given an initial protection period
of 5 years from the date of filing
and is extendable for a further
two consecutive terms of 5 years
each.
The maximum protection period is
15 years.
WHO CAN APPLY FOR DESIGN REGISTRATION
Only the owner of a design may apply to register the design,
though an agent can be authorized to make application.
Where an applicant's ordinary residence or principal place of
business is outside Malaysia, the applicant shall appoint an agent
registered in the Register of Industrial Designs Agent.
All application for the registration of industrial design must be
lodge at the Industrial Designs Registry, Intellectual Property
Corporation of Malaysia.














TRADE SECRETS
DEFINITION
Information that is critical to
the business success but does
not qualify for patent,
trademark, copyright, or
industrial design protection.

CHARACTERISTICS
THAT IS TRADE
SECRETS
Not known outside the company
Known only inside the company on a need-to-
know basis
Safeguarded by stringent efforts to keep the
information confidential
Valuable and provides the company a
compelling competitive advantage
Developed at great cost, time and effort
Cannot be easily duplicated, reverse engineered
or discovered
Can last longer that the term of a patent
HOW TO PROTECT TRADE
SECRETS

PHYSICAL METHODS:
Restricting access (access to confidential
documents restricted to certain key
personnel)
Labeling documents (confidential documents
are stamped Private & Confidential,
Restricted.)
Password protection (for confidential
computer files)
Logbooks for visitors and access to
confidential materials
Adequate overall security measures (alarm,
security personnel)

WRITTEN
CONFIDENTIALLY AGREEMENT
a firm asks employees to sign a
confidentiality/nondisclosure agreement. If
they then tell anyone about it, this is a breach
of confidence and you can take legal action
against them.