INTELLECTUAL PROPERTY RIGHTS IN MALAYSIA

The Trade Marks Act 2019, the Trade Mark Regulations 2019, and the Guidelines of Trade Marks 2019 - form the legal basis for governing the mechanism of trademark registration and protection in Malaysia.
For getting a trademark registered in Malaysia, an application has to be filed with the Registrar of Trademarks, which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Malaysia follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is two (02) months from the publication date of the application. An interested party can apply for an extension of time for a maximum of two (02) months.
In Malaysia, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is one (01) month.
The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.

Malaysia is a member of the Paris Convention for the Protection of Industrial Property.
The Patents Act, 1983 - deals with the mechanism of patent protection in Malaysia.
For seeking patent protection in Malaysia, an application has to be filed with the Patent Registration Office of the Intellectual Property Corporation of Malaysia (MyIPO), which administers the entire process of patent grant.
In Malaysia, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Malaysia, pre-grant opposition cannot be filed against a patent.
All Malaysian patents, with a filing date on or after 01st August 2001, have a maximum term of twenty (20) years, calculated from the filing date. The first renewal fee is due one (01) year from the date of grant, and payable at the latest one (01) day before the first anniversary of the date of grant. Each renewal fee may be paid up to six (06) months late, subject to a surcharge.

The Industrial Designs Act 1996 - governs and deals with the mechanism of registration of industrial designs in Malaysia.
For getting an industrial design registered in Malaysia, an application has to be filed with the Intellectual Property Corporation of Malaysia, which administers the entire process of registration.
The types of industrial design applications that can be filed in Malaysia include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Malaysia at the pre-grant stage.
The validity term for a Malaysian design is five (05) years from the filing date or priority date. The application can be renewed for four (04) further terms of five (05) years each, making a maximum term of twenty-five (25) years.
An application for renewal must be filed six (06) months before the expiry date of the current period of registration.
There is a grace period of six (06) months for the late renewal of registered industrial design along with a penalty.

Malaysia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act 1987 (Act 332, as of 1st January 2006) - is the basic legislation governing copyright protection in Malaysia.
In Malaysia, copyright comes into existence as soon as the work is created. There is no formal procedure for copyright registration.
Except as otherwise provided, copyright in a literary, musical, or artistic work subsists during the life of the author and for fifty (50) years after his death.
Where a literary, musical, or artistic work had not been published before the death of the author, copyright subsists for fifty (50) years from the year in which the work was first published.
Where a literary, musical, or artistic work is published anonymously or under a pseudonym, copyright subsists for fifty (50) years from the year in which the work was first published or made available to the public, whichever is the latest.
Copyright in a sound recording subsists for fifty (50) years from the year in which the recording was first published or, if the sound recording has not been published, from the year of fixation.
Copyright in a broadcast subsists for fifty (50) years from the year in which the broadcast was first made.
Copyright in a film subsists for fifty (50) years from the year in which the film was first published.