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What is Intellectual Property?
Intellectual property, or IP for short, refers to creations of the human mind which can be legally owned. Intellectual property can often be bought and sold like other products. For example, the rights to a patented invention or copyrighted book can be bought or sold. Intellectual property is protected by a variety of laws, such as copyright, trademark, and patent law.
How can I protect my Intellectual Property rights?
The rights of Intellectual Property owners are laid down by law. If someone infringes your right to a protected idea or design, you should take steps to stop them doing so.
Copyright Vs. Patent Vs. Trademark?
Copyright protects the authorship of certain works, while patents cover inventions or discoveries. A trademark protects “words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.” Apple, for example, owns the patents to the iphone; the trademarks “Apple” and the Apple logo that appear on the phone; and the copyright to the IOS software that runs the phone.
When can an application for registration of a Trademark be made?
An application for Trademark may be filed at any time immaterial of the fact whether the Trademark has been used, being used or proposed to be used.
What is the duration of a Trademark protection?
The period of protection is 10 years, renewable for a period of every 10 years thereafter.
Why is Trademark registration important?
- Exclusive Right – Registered Trademark owners are conferred exclusive right to use their marks in trade. They also have the right to take legal action for infringement under the Trademarks Act 2019 against others who use their marks without consent. They can also lodge complaints to the Enforcement Division of Ministry of Domestic Trade and Consumer Affairs (MDTCA) for appropriate actions under the Trade Descriptions Act 2011.
- Registration Conclusive – Registration notice issued by the Registrar is conclusive evidence of Trademark ownership in the court of law.
Can Copyright be transferred?
Copyright is transferable by assignment, testamentary disposition and by operation of law.
What is the duration for Copyright protection?
(i) For literary, music and artistic works, Copyright subsist during the life of the author and 50 years after the death.
(ii) For sounds recording, films and broadcasts, Copyright subsist 50 years from the year following the publication
of the work.
(iii) For published edition, copyright subsist 50 years from the year following the year of edition was first published.
Are all Patent applications treated as confidential?
Yes, all patent applications are confidential until after 18 months from the priority date or filing date of the application.
What happens after the Patent expires?
Once a Patent expires, the owner no longer holds the exclusive rights to the invention.
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Malacca Office (Branch)
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- Saturday, Sunday, public holiday : CLOSED