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Home arrow Our Practices arrow Intellectual Property

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Intellectual Property 

Intellectual property (IP) encompasses the tangible representations of intellect and creativity. This includes industrial designs, trademarks, patents, copyright (the list is not exhaustive). Industrial designs, trade marks, patents, copyright are the most common ways in which the owner of IP can prevent others from using or otherwise exploiting the property without the owner's permission. Other types of IP include circuit layout rights plant breeder's rights and trade secrets.

Industrial Designs
A design is a feature of shape, configuration, pattern or ornament of an article when judged by the eye.Design registration is used to protect the visual appearance of manufactured products. Such registration provides the party with the right to exclusively use, licence or sell the design for a fixed period

Trade marks
The Malaysian Trade Marks Act 1976 (Act 175) defines a trade mark as a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and a person having the right either as proprietor or as registered user to use the mark whether with or without an indication of the identity of that person.The registration of a trademark provides the party with the right to exclusively use, license or sell goods and services under the mark in relation to goods or services for which it is registered. There is no maximum term for which a trademark can be registered.

Patents
Is a temporary monopoly in a technological innovation granted to the patentee, Patents provide the patent owner with the right to exclude others from exploiting the invention for a fixed number of years. This monopoly is provided in exchange for a detailed description of the invention claimed. Therefore, the patent system can be seen as providing commercial privilege in return for disclosure.

Copyright
There is no system of copyright registration in Malaysia. Copyright protects a range of original materials such as literary, artistic and musical works and other subject matter such as sound recordings and broadcasts, computer software. Copyright rewards creative enterprise and protects copyright owners from loss of revenue from unauthorised copying


 

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