What is copyright?

Copyright is the exclusive right given by law for a determinable time period to the
author of the work to control the use of the work in Malaysia.
2.

Which Act governs the protection of copyright in Malaysia?

Copyright protection is governed by the Copyright Act 1987.

3.

What works get copyright protection?

The following works are protected:(i) Literary works;
(ii) Musical works;
(iii) Artistic works;
(iv) Films;
(v) Sounds recordings;
(vi) Broadcasts; and
(vii) Derivative works.

4.

Does Malaysia have a registration system for copyright?

Beginning June 1st, 2012 Copyright Voluntary Notification System has been operating in Malaysia.

5.

What are the ways to prove ownership of copyright?

To prove ownership of copyright, the owner can either:(i) Make a Statutory Declaration in accordance with the Statutory Declaration Act 1960; or
(ii) Self address the work in a sealed envelope.

6.

What are the qualifications for protection of copyright?

(i) Sufficient effort has been expanded to make the work original in character;
(ii) The work has been written down, recorded or otherwise reduced into material form;
(iii) The author is a qualified person; and
(iv) The work is made in Malaysia or the work is first published in Malaysia.

7.

8.

How owns copyright?

Ownership of copyright is dependent on the following:(i)

The work is produced under a contract of service;

- Copyright is owned by the employer.

(ii)

The work is produced under a contract for service;

- Copyright is owned by the author.

(iii)

Commissioned work
- Copyright is owned by the person who commissioned the work.

Can copyright be transferred?

Copyright is transferable by assignment, testamentary disposition and by operation of law.

9. Other than the commercial right of the owner and author of the work, what other right is given to the
author
of the work?
The Copyright Act 1987 grants moral right to the author of the works.

10. What types of moral right are given by the Act?

Two type of moral right are given:(i) The right of paternity; and
(ii) The right of integrity.
11. What right can be utilized by the owner of copyright for infringement of moral right?
The owner can sue inter alia for statutory damages and injunction.
12. What is the duration for copyright protection?
(i) For literary, music and artistic works, copyright subsist during the life of the author and 50 years after the
death;
(ii) For sounds recording, films and broadcasts, copyright subsist 50 years from the year following the
publication
of the work; and
(iii) For published edition, copyright subsist 50 years from the year following the year of edition was first
published.
13. What are the exclusive rights of the owner?
The copyright owner has the exclusive right to control the whole or substantial part of the work especially:(i) The reproduction in any material form (including making photocopies, recording and others);
(ii) The communication to the public;
(iii) The performance, showing or playing to the public;
(iv) The distribution of copies to the public by sale or other transfer pf ownership; and
(v) The commercial rental to the public.
14. What acts amount to infringement of copyright?
The copyright in a work infringed when a person, not being owner of the copyright, and without license
from the owner, does or authorizes any of the following acts:(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)

Reproduced in any material form, performs, shows or plays or distributes to the public.
Communicates by cable or broadcast of the whole works or a substantial part thereof either in its original or
derivative form;
Import any article into Malaysia for the purpose of trade or financial gains;
Make for sale or hire any infringing copy;
Sells, lets for hire or by way of trade, exposes of offers for sale or hire any infringing copy;
Distributes infringing copies;
Possesses, otherwise then for his private and domestic use, any infringing copy;
By way of trade, exhibits in public any infringing copy;
Imports into Malaysia, otherwise than for his private and domestic use, an infringing copy;
Make or has in his possession any contrivance used or intended to be used for the purpose of making
infringing copy; or
Causes the work to be performed in public.

15. What are the exceptions to the exclusive right granted by the Copyright Act 1987 to the user of the work?
Usage of the work by way of fair dealing for the following purpose accompanied by an acknowledgement of the
title of the work and authorship is allowed:(i) non-profit research;
(ii) private study; and
(iii) Review or the reporting of current event.
16. Who is responsible for enforcement of copyright?

The Minister of Domestic Trade, Cooperative and Consumerism (Enforcement Division) and The Royal Malaysia
Police are responsible for enforcement of the law.
17. What is Collective Management Organisation (CMO)?
A Collective Management Organisation (CMO) is a body empowered by the owner to collect payment/ royalty
on
behalf of the copyright owner.
18. Does the Government of Malaysia recognize these Collective Management Organisation (CMO)?
These Collective Management Organisation (CMO) are recognized by the Government of Malaysia.
19. What is the right given by the Collective Management Organisation (CMO) to the parties applying for a
license?
The Collective Management Organisation (CMO) can grant a license to play the copyright work in public to
the applicant.
20. What dose the Collective Management Organisation (CMO) do with the royalty collected?
The royalty is distributed by the society to the copyright owner each year.
21. Does the Government determine the rate of the royalty collected by the Collective Management
Organisation
(CMO)?
The government does not control or is government involved in determining the rate. It is determined
contractually
between the owner and the Collective Management Organisation (CMO).
22. Why is the Government not involved?
Copyright is a private right belonging to the right holder.
23. If there is a dispute between the owner and the Collective Management Organisation (CMO), where are
the
avenues available to the owner?
The dispute can be settled via assistance from the Copyright Tribunal.
24. What is meant by performance right?
Performers' rights are right granted to those taking part in a live public performance.
25. What is the duration of protection for performers right?
Protection is granted for a period of 50 years from the date of the performance.
26. What are the qualifications for protection performers?
Performers right shall subsist in every live performance of which the performer is:(i) A citizen or permanent resident of Malaysia; or
(ii) Not a citizen or permanent resident of Malaysia but whose performance: Takes place in Malaysia;
Is incorporated in sound recording that are protected under this Act: or
Has not been fixed in a sound recoding but is included in a broadcast qualifying for protection
under this Act.

What is Patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides a
new way of doing something, or offers a new technical solution to a problem.
What is Utility Innovation?

A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy
the test of inventiveness as required of a patent.
Who May Apply?

Any person may make an application for a patent or for a utility innovation either alone or jointly with
another person. The word "person" is not limited to natural persons and thus also includes, for example,
a company.
How can a patent or utility innovation be protected?

An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of
Malaysia which will assess whether it meets the requirements of the Patents Act 1983.
Why Protect an Invention?

A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right
to stop others from manufacturing, using and/or selling the owner's invention in Malaysia without the
owner's consent or permission.
Term of protection

A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years
from the date of filing subject to use.
Where to Apply?

An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of
Malaysia (MyIPO), in Kuala Lumpur or at one of the branch offices located in Sabah and Sarawak.
Applications, correspondence and enquiries should be directed to :

The Registrar
The Patent Registration
Office
Intellectual Property
Corporation of Malaysia
(MyIPO)
Unit 1-7, Ground Floor,
Menara UOA Bangsar
No. 5 Jalan Bangsar Utama
1
59000 Kuala Lumpur
Tel: +603-22998400
Fax: +603-22998989

National Security (Section 23A and 62A )

For reasons of national interest and security, any Malaysian resident wishing to apply for a patent or
certificate protection outside Malaysia must first seek written authority from the
Registrar. However, written authority is not required if a corresponding Malaysian patent/certificate has
been applied for, and a period of at least two months has elapsed since filing.
Section 62A : Contravention of Section 23A is an offence and is punishable (upon conviction) by a fine
not exceeding 15,000 ringgit or imprisonment for a term not exceeding two years, or both.
Non-Patentable Inventions

Discoveries, scientific theories and mathematical methods;

Plant or animal varieties or essentially biological processes for the production of plants or animals, other
than man-made living micro- organisms, micro-biological processes and the products of such microorganism processes;

Schemes, rules or methods for doing business, performing purely mental acts or playing games;

Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods
practiced on the human or animal body.
Patentable Inventions

For a patent to be granted an invention must be :

o new, which means that the invention has not been publicly disclosed in any form, anywhere
in the world;
o involve an inventive step, that is to say the invention must not be obvious to someone with
knowledge and experience in the technological field of the invention; and
o industrially applicable, meaning it can be mass produced.

WHAT IS A TRADE MARK?

A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes
words,
logos,
pictures,
names,
letters,
numbers
or
a
combination
of
these.
A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.
FUNCTIONS OF TRADE MARK
Origin Function - A trade mark helps to identify the source and those responsible for the products and services sold in
the
market.
Choice Function - A trade mark enables consumers to choose goods and services with ease while shopping.
Quality

Function

Consumers

choose

particular

trade

mark

for

its

known

quality.

Marketing Function - Trade marks play an important role in advertising. Its normal for consumers to make purchases
based
on
continuous
influence
of
advertising.
Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.
IMPORTANCE OF TRADE MARK REGISTRATION
Trade

marks

registration

provides

for:

Exclusive Rights - Registered trade marks owners have exclusive right to use their marks in trading. They also have
the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without
consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the
Trade
Description
Act
1972.
Legal Evidence - Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership.
A certificate of registration serves as an important document to establish the ownership of goods exported to other
countries.
DOES MALAYSIAN REGISTRATION GIVE PROTECTION ABROAD?
No, if protection of trade mark is required in other countries, it will be necessary to apply for registration separately in
each countries. However, a Malaysian application can be used a basis for claiming priority in countries which are party
to the Paris Convention and World Trade Organization (WTO).
DURATION OF REGISTRATION
Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.
WHO MAY APPLY?
Any person, whether Malaysian citizen or not, who is the owner of the trade mark used, or proposed to be used, by him
in the Malaysia, may apply for the registration of a trademark in this country.
HOW TO APPLY?

Before Applying - Applicants are advised to make search before submitting applications to avoid applying for identical or
similar to trade marks filed earlier. All searches can be done at Public Search Room, MyIPO. A fee rate of RM20 per
hour
will
be
charged.
Application Form (TM5) - All applications must be made in Form TM5. Five copies of the completed TM5 must be
submitted together with the prescribed fee. For different marks, separate applications must be filed.