Malaysia’s IP rights are in accordance with the accepted international standards. Malaysia administers its IP rights through an agency, which operates under the Ministry of Domestic Trade and Consumer Affairs, the Intellectual Property Corporation of Malaysia (MyIPO).
Types of IP Rights in Malaysia
IP rights are some of the most important intangible assets possessed by business owners in Malaysia. These rights prevent the unauthorized duplication or use of any item or work to which the business owner is to have full rights.
1. Copyrights
2. Patent and Utility
Innovations
3. Industrial Designs
4. Layout Designs of Integrated Circuits
5. Geographical Indications
Copyright
Categories of work protectable under the law of copyright are; (a) Literary works
(b) Musical works
(c) Artistic works
(d) Films
(e) Sound recordings
(f) Broadcasts
A literary, musical or artistic work shall be eligible for copyright if – (a) Sufficient effort has been expended to make the work original in character; and
(b) The work has been written down, recorded or otherwise reduced to material form.
Duration of Copyright
According to Copyright Act 1987, the duration of copyright depends on the type of work.
For literary, musical or artistic work: during the life of the author and shall continue to subsist until the expiry of a period of 50 years after his death.
In the case of a work of joint authorship, “life of the author” shall be construed as a reference to the author who dies last. Sound recording, films, works of Government, Government organisations and international bodies, typographical arrangement of a published edition and broadcasts – continues to subsist until the expiry of 50 years computed from the beginning of the calendar year next following the year in which the sound recording, film government work, broadcasts and edition was first published or made.
Who is the first owner of Copyright?
Copyright shall best initially in the author.
Where a work;
(a) Is commissioned by a person who is not the author’s employer under a contract of service or apprenticeship; or
(b) Not having been so commissioned, is made in the course of the author’s employment, the copyright shall be deemed to be transferred to the person who commissioned the work or the author’s employer, subject to any agreement between the parties excluding or limiting such transfer.
What happened if Copyrights is infringed?
Under Section 41 Copyright Act 1987,
– A fine not less than RM2,000 and not more than RM20,000 for each infringing copy, or
– To imprisonment for up to 5 years or to both and
– For any subsequent offence, to a fine of not less than RM4,000 and not more than RM40,000 for each infringing copy or to imprisonment for a term not exceeding 10 years or to both.
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