Legal Environment

Malaysia is a member of the World Intellectual Property Organization (WIPO), Paris Convention, Berne Convention and signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

With the implementation of the Multimedia Super Corridor, the Government makes a commitment to MSC-Status companies in one of the 10-Point Bill of Guarantees to provide a comprehensive regulatory framework of intellectual property protection and cyberlaws to facilitate and assist the development of a truly ICT and multimedia environment[1].

A brief description of the Malaysian statutory framework for intellectual property protection and cyberlaws is as follows.

INTELLECTUAL PROPERTY PROTECTION

The Trade Marks Act 1976, enforced on the 1st of September 1983, provides for a registration system for marks (e.g. logos, brands, signs) used in relation to goods and services. The registration of a mark in relation to specified goods or services is valid for Ten (10) years from date of filing and is renewable for subsequent periods of Ten (10) years each, indefinitely. The registered proprietor is entitled to commence infringement action against others who use his mark without consent or lodge a complaint under the Trade Description Act 1972[2].

.The Patents Act 1983 came into force on the 1st of October 1986, to provide for a system for registration of patents and utility innovations in Malaysia. The Act specifies, among others, what is meant by “patentable invention” and what are non-patentable. Upon grant and if annual fees are paid, a patent is valid for Twenty (20) years from the date of application. The owner of a patent has the exclusive rights to exploit the patentable invention, assign or transmit the patent and to conclude licence contracts. Infringement proceedings can be instituted against those who have infringed or are infringing his patent[3].

The Copyright Act 1987, effective as of 1st of December 1987, confers the exclusive right to the owner of a copyright for a specific period. There is no system of registration for copyright in Malaysia. A work that is eligible (literary works, musical works, artistic works, films, sound recordings, broadcasts and derivative works) is protected automatically if sufficient effort has been expended to make the work original in character; the work has been written down, recorded or otherwise reduced to a material form; and the author is qualified person or the work is made in Malaysia or the work is first published in Malaysia. The Act also specifies the circumstances amounting to and remedies for infringements and offences[4].

.The Industrial Designs Act 1996, which is in force from the 1st of September 1999, implements a system for the registration of an “industrial design” in Malaysia, defined to mean the features of shape, configuration, pattern or ornament applied to an article by any industrial process being features which in the finished article, appeal to and are judged by the eye. The registration is for Five (5) years from the date of application and renewable for Two (2) more periods of Five (5) years each. The Act further specifies the extent of rights granted to the owner and what amounts to infringement[5].

.The Layout Designs of Integrated Circuits Act 2000, in force from the 15th of August 2000, set out, inter alia, the criteria for the protection of the layout design of integrated circuits and the extent of protection conferred upon the right holder. A layout design is valid for Ten (10) years from the date it is first commercially exploited. Notwithstanding that, the protection conferred by the statute will lapse fifteen (15) years from the date of its creation[6].

.The Geographical Indications Act 2000 which came into effect on the 15th of August 2001 specifies the process for registration of geographical indications, to prevent misuse of the names of places which identify both the geographical origins and the products[7].

.The Optical Discs Act 2000, which is effective as of 15th of September 2000, provides for the licensing and regulation of the manufacture of optical discs, such as VCD, DVD, CDs, etc in Malaysia. The Act represents one of the legislative initiatives taken to combat the piracy of copyright works in the form of optical discs and to strengthen the protection of intellectual property rights in Malaysia[8].

.The Digital Signature Act 1997, enforced on the 1st of October 1998, is an enabling law that allows for the development of, amongst others, e-commerce by providing an avenue for secure on-line transactions through the use of digital signatures. The Act provides a framework for the licensing and regulation of Certification Authorities, and gives legal recognition to digital signatures. The Controller of Certification Authority, who has the authority to license and regulate Certification Authorities, was appointed on the 1st of October 1998[9].

.The Communications and Multimedia Act 1998 which came into effect on the 1st of April 1999, provides a regulatory framework to cater for the convergence of the telecommunications, broadcasting and computing industries, with the objective of, among others, making Malaysia a major global centre and hub for communications and multimedia information and content services. The Malaysian Communications and Multimedia Commission was appointed on the 1st November 1998 as the sole regulator of the new regulatory regime. Although regulation in the form of licensing is provided for, one of the cornerstones of the new regulatory framework is self-regulation by the various industries, including the ICT and multimedia content industries[10].

.The Copyright (Amendment) Act 1997 which amended the Copyright Act 1987 came into force on the 1st of April 1999, to make unauthorised transmission of copyright works over the Internet an infringement of copyright. It is also an infringement of copyright to circumvent any effective technological measures aimed at restricting access to copyright works. These provisions are aimed at ensuring adequate protection of intellectual property rights for companies involved in content creation in the ICT and multimedia environment[11].

,The Computer Crimes Act 1997, effective as of the 1st of June 2000, created several offences relating to the misuse of computers. Among others, it deals with unauthorised access to computer material, unauthorised access with intent to commit other offences and unauthorised modification of computer contents. It also makes provisions to facilitate investigations for the enforcement of the Act[12].

.The Telemedicine Act 1997 is intended to provide a framework to enable licensed medical practitioners to practice medicine using audio, visual and data communications. To date, the Telemedicine Act has yet to be enforced[13].

PENDING INITIATIVES

.Steps are being taken to amend the Patents Act 1983 for Malaysia to join the Patent Cooperation Treaty (PCT) administered by WIPO. This will offer an applicant seeking patent protection in a number of jurisdictions greater flexibility and efficiency, compared to the existing framework. The availability of international search and preliminary examination reports under the PCT will assist the applicant to ascertain whether to continue with the application and in which countries, before the full range of costs are incurred. In contrast, an applicant under the existing system is required to file separate national patent applications with the patent office of each country where protection is sought[14].

.The Government is in the process of drafting legislation on Personal Data Protection to regulate the collection, possession, processing and use of personal data according to certain prescribed principles. The objectives of the legislation are: (a) to provide adequate security and privacy in handling personal information; (b) to create confidence among consumers and users of both networked and non-networked industries; (c) to accelerate uptake of e-transactions; and (d) to promote a secure electronic environment in line with MSC objectives[15].

.The Government is also considering enacting: (a) an Electronic Transactions Act to facilitate transactions carried out by electronic means; and (b) an Electronic Government Activities Act to facilitate and enable interactions of government with public and between government agencies for efficient and secure electronic government services[16].

[1] http://www.msc.com.my/msc/promise3.asp

[2] http://www.msc.com.my/msc/promise3.asp

[3] http://www.msc.com.my/msc/promise3.asp

[4] http://www.msc.com.my/msc/promise3.asp

[5] http://www.msc.com.my/msc/promise3.asp

[6] http://www.msc.com.my/msc/promise3.asp

[7] http://www.msc.com.my/msc/promise3.asp

[8] http://www.msc.com.my/msc/promise3.asp

[9] http://www.msc.com.my/msc/promise3.asp

[10] http://www.msc.com.my/msc/promise3.asp

[11] http://www.msc.com.my/msc/promise3.asp

[12] http://www.msc.com.my/msc/promise3.asp

[13] http://www.msc.com.my/msc/promise3.asp

[14] http://www.msc.com.my/msc/promise3.asp

[15] http://www.msc.com.my/msc/promise3.asp

[16] http://www.msc.com.my/msc/promise3.asp

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Information Policy Overview

INTELLECTUAL PROPERTY PROTECTION

PENDING INITIATIVES


Home About Malaysia Size of Domestic IT Market National ICT Policies Information Policy Computing & Internet Diffusion Domestic IT Production E-Commerce and E-Business E-Government IT Workforce IT Geographics IT Financing Telecom Infrastructure Telecom Regulation & Liberalization Analysis Links INITEB Home Page		Quick Links Legal Environment Overview Intellectual Property Protection Cyber Laws Pending Initiatives Cyber and IP Laws Since 1972 Information Policy Overview Malaysia is a member of the World Intellectual Property Organization (WIPO), Paris Convention, Berne Convention and signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). With the implementation of the Multimedia Super Corridor, the Government makes a commitment to MSC-Status companies in one of the 10-Point Bill of Guarantees to provide a comprehensive regulatory framework of intellectual property protection and cyberlaws to facilitate and assist the development of a truly ICT and multimedia environment[1]. A brief description of the Malaysian statutory framework for intellectual property protection and cyberlaws is as follows. Back to Top INTELLECTUAL PROPERTY PROTECTION The Trade Marks Act 1976, enforced on the 1st of September 1983, provides for a registration system for marks (e.g. logos, brands, signs) used in relation to goods and services. The registration of a mark in relation to specified goods or services is valid for Ten (10) years from date of filing and is renewable for subsequent periods of Ten (10) years each, indefinitely. The registered proprietor is entitled to commence infringement action against others who use his mark without consent or lodge a complaint under the Trade Description Act 1972[2]. .The Patents Act 1983 came into force on the 1st of October 1986, to provide for a system for registration of patents and utility innovations in Malaysia. The Act specifies, among others, what is meant by “patentable invention” and what are non-patentable. Upon grant and if annual fees are paid, a patent is valid for Twenty (20) years from the date of application. The owner of a patent has the exclusive rights to exploit the patentable invention, assign or transmit the patent and to conclude licence contracts. Infringement proceedings can be instituted against those who have infringed or are infringing his patent[3]. The Copyright Act 1987, effective as of 1st of December 1987, confers the exclusive right to the owner of a copyright for a specific period. There is no system of registration for copyright in Malaysia. A work that is eligible (literary works, musical works, artistic works, films, sound recordings, broadcasts and derivative works) is protected automatically if sufficient effort has been expended to make the work original in character; the work has been written down, recorded or otherwise reduced to a material form; and the author is qualified person or the work is made in Malaysia or the work is first published in Malaysia. The Act also specifies the circumstances amounting to and remedies for infringements and offences[4]. .The Industrial Designs Act 1996, which is in force from the 1st of September 1999, implements a system for the registration of an “industrial design” in Malaysia, defined to mean the features of shape, configuration, pattern or ornament applied to an article by any industrial process being features which in the finished article, appeal to and are judged by the eye. The registration is for Five (5) years from the date of application and renewable for Two (2) more periods of Five (5) years each. The Act further specifies the extent of rights granted to the owner and what amounts to infringement[5]. .The Layout Designs of Integrated Circuits Act 2000, in force from the 15th of August 2000, set out, inter alia, the criteria for the protection of the layout design of integrated circuits and the extent of protection conferred upon the right holder. A layout design is valid for Ten (10) years from the date it is first commercially exploited. Notwithstanding that, the protection conferred by the statute will lapse fifteen (15) years from the date of its creation[6]. .The Geographical Indications Act 2000 which came into effect on the 15th of August 2001 specifies the process for registration of geographical indications, to prevent misuse of the names of places which identify both the geographical origins and the products[7]. .The Optical Discs Act 2000, which is effective as of 15th of September 2000, provides for the licensing and regulation of the manufacture of optical discs, such as VCD, DVD, CDs, etc in Malaysia. The Act represents one of the legislative initiatives taken to combat the piracy of copyright works in the form of optical discs and to strengthen the protection of intellectual property rights in Malaysia[8]. Back to Top CYBER LAWS .The Digital Signature Act 1997, enforced on the 1st of October 1998, is an enabling law that allows for the development of, amongst others, e-commerce by providing an avenue for secure on-line transactions through the use of digital signatures. The Act provides a framework for the licensing and regulation of Certification Authorities, and gives legal recognition to digital signatures. The Controller of Certification Authority, who has the authority to license and regulate Certification Authorities, was appointed on the 1st of October 1998[9]. .The Communications and Multimedia Act 1998 which came into effect on the 1st of April 1999, provides a regulatory framework to cater for the convergence of the telecommunications, broadcasting and computing industries, with the objective of, among others, making Malaysia a major global centre and hub for communications and multimedia information and content services. The Malaysian Communications and Multimedia Commission was appointed on the 1st November 1998 as the sole regulator of the new regulatory regime. Although regulation in the form of licensing is provided for, one of the cornerstones of the new regulatory framework is self-regulation by the various industries, including the ICT and multimedia content industries[10]. .The Copyright (Amendment) Act 1997 which amended the Copyright Act 1987 came into force on the 1st of April 1999, to make unauthorised transmission of copyright works over the Internet an infringement of copyright. It is also an infringement of copyright to circumvent any effective technological measures aimed at restricting access to copyright works. These provisions are aimed at ensuring adequate protection of intellectual property rights for companies involved in content creation in the ICT and multimedia environment[11]. ,The Computer Crimes Act 1997, effective as of the 1st of June 2000, created several offences relating to the misuse of computers. Among others, it deals with unauthorised access to computer material, unauthorised access with intent to commit other offences and unauthorised modification of computer contents. It also makes provisions to facilitate investigations for the enforcement of the Act[12]. .The Telemedicine Act 1997 is intended to provide a framework to enable licensed medical practitioners to practice medicine using audio, visual and data communications. To date, the Telemedicine Act has yet to be enforced[13]. Back to Top PENDING INITIATIVES .Steps are being taken to amend the Patents Act 1983 for Malaysia to join the Patent Cooperation Treaty (PCT) administered by WIPO. This will offer an applicant seeking patent protection in a number of jurisdictions greater flexibility and efficiency, compared to the existing framework. The availability of international search and preliminary examination reports under the PCT will assist the applicant to ascertain whether to continue with the application and in which countries, before the full range of costs are incurred. In contrast, an applicant under the existing system is required to file separate national patent applications with the patent office of each country where protection is sought[14]. .The Government is in the process of drafting legislation on Personal Data Protection to regulate the collection, possession, processing and use of personal data according to certain prescribed principles. The objectives of the legislation are: (a) to provide adequate security and privacy in handling personal information; (b) to create confidence among consumers and users of both networked and non-networked industries; (c) to accelerate uptake of e-transactions; and (d) to promote a secure electronic environment in line with MSC objectives[15]. .The Government is also considering enacting: (a) an Electronic Transactions Act to facilitate transactions carried out by electronic means; and (b) an Electronic Government Activities Act to facilitate and enable interactions of government with public and between government agencies for efficient and secure electronic government services[16]. Back to Top [1] http://www.msc.com.my/msc/promise3.asp [2] http://www.msc.com.my/msc/promise3.asp [3] http://www.msc.com.my/msc/promise3.asp [4] http://www.msc.com.my/msc/promise3.asp [5] http://www.msc.com.my/msc/promise3.asp [6] http://www.msc.com.my/msc/promise3.asp [7] http://www.msc.com.my/msc/promise3.asp [8] http://www.msc.com.my/msc/promise3.asp [9] http://www.msc.com.my/msc/promise3.asp [10] http://www.msc.com.my/msc/promise3.asp [11] http://www.msc.com.my/msc/promise3.asp [12] http://www.msc.com.my/msc/promise3.asp [13] http://www.msc.com.my/msc/promise3.asp [14] http://www.msc.com.my/msc/promise3.asp [15] http://www.msc.com.my/msc/promise3.asp [16] http://www.msc.com.my/msc/promise3.asp