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Protection of Intellectual Property Rights
Malaysia’s intellectual property protection cover for patent, trademark, copyright, industrial design, geographic marks and integrated circuit layout designs. Malaysia is the world intellectual property organization (WIPO), a member of the jurisdiction of intellectual property and Paris convention and Berne convention signatory.

In addition, Malaysia and signed by the world trade organization in the rush of intellectual property rights related aspects of the trade agreement (TRIPS). Therefore, Malaysia’s intellectual property according to international standards for local and foreign investment, both sides provide adequate protection.

Patents
In 1983, the patent and the patent regulations regulation in 1986. The individual can shelter in Malaysia directly apply, foreign applicants must pass a registered representative patents filed. Like other countries law, an invention, involves the novel is a creative steps and can be applied to the industry, can obtain patent. According to the TRIPS agreement, the provisions of the patent law, the patent protection for 20 years from the date of the application. According to this law, the application of innovation provides years of early protection certificate, from the application date, protection for two consecutive period can be updated every five years, but must be used. The patent holder shall have the right to use the invention patent to profit, transfer and conclude the licence agreement.

According to the TRIPS agreement, in the compulsory license within the scope of the law allows has sold in other markets ZhuanLiPin into Malaysia (parallel imports). The government can be based on the public order or moral banned the commercial exploitation of the patent. The patent cooperation treaty provisions will also allow the compulsory license within the scope of the entrance.

Trademark
1976 the trademark and 1997 trademarks trademark protection regulation control.

Provide protection for the registration of the trademark in Malaysia and service marks. After the registration of the trademark owned by the franchisor, except with the company, others are not allowed to use, or abuse can be affected the action against the law. Protection for 10 years, after 10 years of time can be updated. The owner of the trademark or service marks can be used or transfer or authorize the use of the trademark, or other service marks.

According to the TRIPS agreement, Malaysia prohibited without a name registered trademarks of the franchisor, also provide border measures to prohibit counterfeit trademark has been in Malaysia.

If the patent, local applicants can personally, and apply by foreign applicant shall apply for approval by the agent.

Industrial Design
Industrial design protection from 1996 and 1999, industrial design of industrial design regulations. The law was registration of industrial design considered personal property, can be transferred according to law or changed.

Can register of industrial design is novel, and must not contain separate from the building methods or functions of decision. In addition, an item design cannot rely on another item, if the item is the appearance of a part of the whole of the latter.

Local applicants can personally or by registered industrial design application agent, but foreign applicants must through the agency. Register of industrial design is the first five years after the protection, can prolong twice every five years, and total duration for 15 years.

Copyright
1987 copyright protection to provide widely available to the copyright of the summary, this can enjoy copyright in computer software) for (including the nature, the scope of protection, and provide protection method. Without the registration of copyright.

Literature, music, or art was born in term of protection is the author of the author, plus the 50 years after death. Recording, broadcasting and film of protection for publication or production is a after 50 years.

The site also protect the rights of the actors performing the continuous, 50 years from the scene after the performance of the New Year.

This is a feature the terms included. By domestic trade and consumer ministry officials appointed a special team to execute this, they are authorized to enter possession of the suspected infringing the copyright of the site and search and copy button up of copyright infringement and equipment, they also need to arrest warrant from suspicion.

Integrated Circuit Layout Designs
Integrated circuit layout designs by 2000 integrated circuit layout design method, is based on its innovation and protect themselves and the creator of the invention of innovation is the freedom. Layout design without registration.

Protection from commercial development date of 10 years, the developer from creation date protection for 15 years. The owner is allowed in the right is infringed action. It can also be all or partial right through transfer, permit, wills or law enforcement and on someone else.

This is accord with the TRIPS agreement and the implementation, it is the horse electronics provide an investor protection, to ensure that the growth of domestic technology.

Geographic Marks
To lead the origin of goods, goods name names by 2000 geographic marks can be protected, suitable products for wine, natural products or agricultural products and crafts. And the public order or moral is inconsistent with the geographic marks from this protection. Break the processing, geographical mark with the trademark punishment and remedy.

To obtain more information about the protection of intellectual property rights, please contact the domestic trade and consumer department (please refer to practical address of government departments – contact details).

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