Slide - Myipo 2023 Final-1

WBB 10102 – Technopreneurship
(GROUP IB76B & IF44B)

Prepared by:
ROHANI BT. MUHAMAD
UniKL 28 March 2023
MyIPO (Intellectual Property
Corporation of Malaysia)
1950 – Trademarks Registration Office and Secure Rights
Oct 1990 – Establishment of Intellectual Property Division (IPD)
Nov 1992 – 1st batch of patent examiners reported for duty
Mar 2003 – Corporatization as Intellectual Property Corporation of Malaysia (MyIPO)
Aug 2005 – April 26th declared as National IP Day
Jul 2007 – Establishment of IP court

MyIPO is responsible for the development and management of intellectual property system in
Malaysia. MyIPO administers and enforces Intellectual Property Legislation namely the
Trademarks Act 2019, the Patents Act 1983, the Copyright Act 1987, the Industrial Designs Act
1996, the Layout Designs of Integrated Circuits Act 2000, Geographical Indications Act 2000
and subsidiary regulations.
MyIPO is placing greater emphasis on the quality and efficiency of the search and examination
process for granting of patents, trademarks, industrial designs and geographical indications.
• An exclusive right granted for an INVENTION, a product or a process that provides a new method or
PATENT offers a technical solution to a problem
• 20 & 10 + 5 + 5
• A mark proposed to be used on goods or services consists of:

A word | device | name | signature | number | letter | any combination of those
TRADEMARK (mark used in commerce)
• 10 + 10
• Literary | Music | Arts Films | Sound/Recording | Broadcast | Derivative Arts

COPYRIGHT • Work of authorship
• 50 years *
• The features in the design may consist of shape, configuration, pattern or ornamentation (product
INDUSTRIAL design)
DESIGN
• 5+5+5+5+5
• Identify any good as originating in a country or territory, or a region or locality in the country (specialty
GEOGRAPHICAL
product in certain/specific area)
INDICATION
IC LAYOUT • Protects the 3D disposition of the elements of an integrated circuit

DESIGN
•Patentable invention:
o Noble (New)
o Involve an inventive steps
o Be industrially applicable (useful/operativeness) &
non obvious
•Protection Period: 20 years, renewal every 20 years (maximum)

10 years, renewal every 5 years (for utility innovation)
•3 Types of patents:
i. Utility patents
Invent & discover any new or useful process
ii. Design patents
Invent a new, original and ornamental design
iii. Plant Patents
PATENT Invent or discover and asexually reproduce any

distinct and new variety plant.
(Patents Act 1983)
•What can be patented?
New & useful process | machine | manufacture |
•What cannot be patented?

Ideas | Animal | Discoveries, Scientific theories, &
mathematical method | scheme,
rules, business/games method.
• Patent can be sold, e.g.

 FB buy Friendster’s patents (USD40 mill)
 Google acquire Waze (USD 966 mill)
• Mark used in commerce -
• The functions of a trademark include:

1. Origin – enable identification of the source and the company responsible for the
products and services sold in the market
2. Choice – to ease consumers make a choice (shows a serious and responsible
product owner)
3. Quality – it has gone through thorough inspection and proper documentation
TRADEMARK 4. Marketing – As a strong marketing tool i.e., advertising (Customer

trust/confidence)
(Trademarks Act 2019)
5. Economy – trademark becomes an asset to the company
• Protection Period: 10 years, renewal for another 10 years

• Copyright requirement:
• Originality
• Fixation in a material form
• Publish in Malaysia or any Berne Convention Country
(An international agreement about copyright. First adopted in
Berne, Switzerland in 1886. Initiated by French author Victor Hugo)
• *Literary | Music | Arts -

COPYRIGHT Life of the author + 50 years (after death)
(Copyright Act 1987)
• *Films | Sound/Recording | Broadcast | Derivative Arts (translation, adaptation, etc.)
50 Years from the year following the publication
J.K Rolling Hans Zimmer Dato’ M. Nasir

• The design features must be applied to an article by any industrial process or
means of which the features in the finished article appeal to the eye.
• Registrable industrial design : New

INDUSTRIAL • Protection Period: 5 + 5 + 5 years
DESIGN
(Industrial Designs
Act 1996)
• A given quality, reputation or other characteristics of the goods are essentially
attributed to their geographical origin
• Duration of protection – 10 years (renewed every 10 years)
• International:
o Cheese (Mozzarella – Italy/Cheddar – England/Feta – Greece
o Red Wine (Bordeaux – France/Rioja – La Rioja, Spain/Burgundy – France
• Protection Period: 10 years + 10
GEOGRAPHICAL
INDICATION
(Geographical Indications
Act 2000)
• Some or all the interconnections of the integrated circuit or such 3D disposition prepared
for an integrated circuit intended for manufacture
• Protection period:
10 years from the first date of exploitation in trade commercial, OR
10 years from the date of manufactured
IC LAYOUT
DESIGN
(Layout Designs of
Integrated Circuits Act
2000)
What are trade secrets?
Trade secrets are intellectual property rights on confidential information which may be licensed or sold. Any type of
confidential information that gives your business a competitive advantage and is undisclosed to third parties is eligible for
trade secret protection. Such information may entail technical information, such as research and engineering data,
engineering drawings, process sheets, computer software source code, and commercial information, such as marketing
strategy, production data or recordings regarding commercial activity.
Term of Protection for Trade Secrets

Unlike most other forms of intellectual property, trade secrets are not protected according to a set amount of time.
Trade secrets are protected if it consistently meets the eligibility for being a trade secret. If your trade secret is no
longer confidential information, then it is no longer a trade secret and as a result it will not receive the same legal
TRADE protection as it did prior to existing in the public domain.
SECRET
(Court/Legal Eligibility to be recognized as a trade secret is
Action) as follows:
•It must be confidential information. Your information must
only be known to a limited number of people involved,
must not be previously disclosed to the public and must not
Eligibility for Trade Secrets exist in the public domain.
•It must be made clear to be a trade secret. You must make
it reasonably clear to all parties involved that the
information disclosed is a trade secret. Should there be no
indication that the information disclosed is a trade secret,
then the information may not be protected as such.
Trade Secrets In Malaysia

In Malaysia, the term ‘trade secrets’ is interchangeable with ‘confidential information’, with the latter term recognized
officially in Malaysian law. Trade secrets are not eligible to be registered in Malaysia, however one can take legal action
against others should their trade secret(s) be exploited.

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WBB 10102 – Technopreneurship

(GROUP IB76B & IF44B)

1950 – Trademarks Registration Office and Secure Rights

Oct 1990 – Establishment of Intellectual Property Division (IPD)

Nov 1992 – 1st batch of patent examiners reported for duty

Mar 2003 – Corporatization as Intellectual Property Corporation of Malaysia (MyIPO)

Aug 2005 – April 26th declared as National IP Day

Jul 2007 – Establishment of IP court

• A mark proposed to be used on goods or services consists of:

• Literary | Music | Arts Films | Sound/Recording | Broadcast | Derivative Arts

IC LAYOUT • Protects the 3D disposition of the elements of an integrated circuit

•Protection Period: 20 years, renewal every 20 years (maximum)

PATENT Invent or discover and asexually reproduce any

•What cannot be patented?

• Patent can be sold, e.g.

• The functions of a trademark include:

TRADEMARK 4. Marketing – As a strong marketing tool i.e., advertising (Customer

• Protection Period: 10 years, renewal for another 10 years

• *Literary | Music | Arts -

J.K Rolling Hans Zimmer Dato’ M. Nasir

• Registrable industrial design : New

• Duration of protection – 10 years (renewed every 10 years)

• Protection Period: 10 years + 10

Term of Protection for Trade Secrets

Trade Secrets In Malaysia

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