Intellectual Property (“IP”) refers to the unique work
derived from the creative mind and intellect of individuals. Malaysian laws
protect IP such as trade mark, patent, industrial design, copyright, integrated
circuit layout design, geographical indications, utility innovations and
confidential information/ trade secrets. The first and most important part of
the protection is through the registration process. That is, you need to take steps to register your IP with the appropriate IP Offices.
Registration will give you the
legal right to ownership of the IP such as :- - patent grant or utility
innovation certificate for new and improved product, composition or process;
- trade mark
registration for distinctive identity, brand name, logo or signs used in trade;
- industrial design
registration for visually appealing designs applied to products or articles; and
- geographical indication registration for geographical indications, for example sabah tea and sarawak pepper.
On the other hand, copyright works, layout designs of integrated circuits and confidential
information/trade secrets are protected automatically
upon creation without the requirement of registration. Some of the key benefits of protecting your IP are:-
- Exclusive use of the IP to generate one-off profits or
recurrent income through commercial exploitation
- An important business asset as it increases in value as your business grows.
- Prevent would-be counterfeiters or infringers from
misappropriating your IP
- Take appropriate legal action against the counterfeiters or
infringers should they persist to misappropriate your IP
- Consumers and clients see it as signifying commitment to
quality leading to increased sales and building long-term goodwill and
reputation in the brand
- Secure in the fact that the goodwill and reputation built
on the brand over the years will not be lost to counterfeiters or infringers
- Prevent unlawful or malicious
squatters or someone simply taking advantage of your unregistered rights
- Avoid inadvertently infringing someone else’s IP
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