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Introduction to Intellectual Property

  • Definition: Products of human intellect and creativity (innovation, design, artistic work) hold marketplace value.

  • Intellectual property protects creations from exploitation by unauthorized parties, ensuring legal prohibition against unauthorized usage.

Definition of Intellectual Property

  • IP is a legal entitlement associated with the expression of an idea or intangible subject matter, allowing exclusive control over its use.

Types of Intellectual Property

  • Five major types providing protections:

    1. Patent

    2. Copyright

    3. Trademark

    4. Industrial Design

    5. Trade Secret

Protection of Inventions in Malaysia

  • Governed by the Patents Act 1983, it protects two forms:

    1. Patent (for new inventions)

    2. Utility Innovation (for minor inventions)

Patents

  • Grants exclusive rights for 20 years for inventions providing new solutions or ways of doing things.

  • Rights include making, using, or selling the invention.

Utility Innovations

  • Protects minor inventions that are less inventive. Requires innovative action instead of inventiveness. Protected for a period similar to patents.

Importance of Patents

  • Grants the owner exclusive rights, preventing unauthorized use, and can be licensed or sold.

Eligibility for Patent Application

  • Anyone can apply for a patent or utility innovation; includes both individuals and organizations.

Criteria for Patentability

  • Functional/Technical: Relates to function or construction.

  • Newness: Must not be disclosed publicly prior to application.

  • Inventive Action: Not obvious to someone skilled in the field.

  • Industrially Applicable: Must be capable of being manufactured or used.

Non-Patentable Inventions

  • Categories excluded include:

    • Discoveries, scientific theories, and natural phenomena.

    • Literary, dramatic, musical, or artistic creations.

    • Business methods, games, and mental acts.

    • Medical treatments or surgeries.

Pursuing a Patent

  • Guidelines:

    1. Seek broad, commercially significant patents.

    2. Develop a detailed patent plan including costs and competition analysis.

    3. Align actions with the initial patent strategy.

    4. Prepare a budget for infringement actions.

    5. Assess the strategic value of the patent over time.

Term of Protection for Patents

  • Patents last 20 years from filing; Utility innovation lasts 10 years, extensible under certain conditions.

Application Process

  • Applications filed with the Intellectual Property Corporation of Malaysia; costs stipulated.

International IP Protection

  • Global issues with imitations lead to the Patent Cooperation Treaty (PCT) for streamlined international applications.

Copyright Overview

  • Protects original artistic and literary works including music, literature, films, and computer programs.

Copyright in Malaysia

  • Governed by the Copyright Act 1987; automatic protection upon criteria fulfillment:

    1. Original effort must be evident.

    2. Should be recorded or materialized.

    3. Authorship needs qualification per local law.

Copyright Coverage

  • Protects types of works including:

    • Literary, dramatic, musical, artistic works, and recordings.

    • Layouts and typographical arrangements.

Ownership of Copyright

  • Generally owned by the author but varies with joint authorship and specific mediums like film and sound recordings.

Duration of Copyright

  • Lasts through the life of the author plus 50 years.

Rights of Copyright Owners

  • Owners control reproduction, distribution, and public performance of works.

Copyright Infringement

  • Unauthorized actions such as reproduction or distribution constitute infringement.

Trademarks

  • Distinctive signs (names, logos) identifying company products; essential for marketing and consumer recognition.

Functions of Trademarks

  • Origin, quality, choice, marketing, and economic value functions.

Trademark Registration Importance

  • Confers exclusive rights and serves as legal evidence for ownership.

Trademark Law in Malaysia

  • Governed by the Trademarks Act 1976; registration is not compulsory but beneficial.

Registrability of Trademark

  • Must be distinctive; non-registrable if likely to mislead, offend, or overlap with existing trademarks.

Trademark Registration Process

  • Application examined for registrability; successful applications are published and registered with fees.

Protections Duration for Trademarks

  • Valid for 10 years, renewable for subsequent periods.

Industrial Design

  • Protection for aesthetic aspects; registered designs are exclusive for making, selling, or importing.

Ownership Rights for Industrial Designs

  • Exclusive rights to exploit the design and to take legal action for infringement.

Protection Term for Industrial Designs

  • Initial protection for 5 years, renewable up to a total of 15 years.

Trade Secrets

  • Information critical for competitive advantage, requiring efforts to keep confidential.

Characteristics of Trade Secrets

  • Must be secret, valuable, safeguarded, and not easily replicable.

Protecting Trade Secrets

  • Employ physical methods and confidentiality agreements to safeguard information.