INTELECTUAL PROPERTIES (IP) DEFINITIONS

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 offer at new technical solution to a problem. An exclusive right is a right given to the owner the right to control their invention as provided by the law”

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”

INDUSTRIAL DESIGN

“An Industrial Design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shapes and configuration of an article, or two-dimensional features, such as pattern and ornamentation”

TRADE MARK

“A Trade Mark is a sign which distinguishes  the goods and services of one trader from those of another. A sign 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 recognising the product of a particular trader”

COPYRIGHT

“Copyright is the exclusive right given to the owner of a copyright for specific period. Copyright protection in Malaysia is governed by the Copyright Act 1987”

There is no system of registration for copyright in Malaysia. A work that is eligible is protected automatically upon fulfillment of the following conditions:

• sufficient effort has been expended to make the work original in character;
• the work has been written down, recorded or reduced to a material form; and
• the author is a qualified person or the work is made in Malaysia or the work is first published in Malaysia.

WORK ELIGIBLE FOR COPYRIGHT PROTECTION

• Literary works – including computer programmes
• Musical works
• Artistic works
• Film
• Sound recording
• Broadcasts
• Derivative works

GEOGRAPHICAL INDICATION

“Geographical Indication is an indication which identifies any goods as originating in a country or territory, or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin”

 LAYOUT-DESIGN OF AN INTEGRATED CIRCUIT

“A Layout-Design of an Integrated Circuit is the three-dimensional disposition of the elements of an integrated circuit and some or all of the interconnection of the integrated circuit or such three-dimensional disposition prepared for an integrated circuit intended for manufacture”

TRADE SECRETS/UNDISCLOSED INFORMATION – EXAMPLES

LAWS  Governing Intellectual Property in Malaysia:

• Patents Act 1983
• Trade Marks Act 1976
• Copyrights Act 1987
• Industrial Designs Act 1996
• Geographical Indications Act 2000
• Layout Designs of Integrated
• Circuits Act 2000

Categories

Paten (Patent)
© Pembaharuan Utiliti (Utility Innovation)
© Reka Bentuk Perindustrian (Industrial Design)
© Cap Dagangan (Trademark)
© Hakcipta (Copyright)
© Petunjuk Geografi (Geographical Indication)
© Reka Bentuk Susun Atur Litar Bersepadu (Layout-
Design of an Integrated Circuit)
© Maklumat Perdagangan/Maklumat yang Tidak Diketahui
(Trade Secret/Undisclosed Information)