Protection of Intellectual Property Rights in Malaysia

Currently, Malaysia has undertaken a concerted exercise to improve existing Intellectual Property Rights (IPRs) protection and procedures in accordance with international standards and practices as prescribed by all international conventions and intellectual property. Efforts are also underway to enact new laws and amend existing ones in compliance with the WTO/TRIPS Agreements.

These include:
Amendments of the Trade Marks Act 1976 to include protection for service marks. The amendment was enforced by the end of 1997.

Amendment of the Patents Act 1983 to provide for modified substantive examination. it will result in faster grant as examination is based on reports from granted patent (for the same application) from certain countries. The amendment was enforced on 1 August, 1995.

Enactment of the Malaysian Industrial Designs Act. The Act was passed by parliament in 1996 and was enforced by the end of 1997. The Act complies with the requirement of the TRIPS Agreement.

Malaysian are membership of International Bodies

a. Membership of WIPO treaties:
- WIPO Convention, since January 1989.
- Paris Convention (Industrial Property) since January 1989.
- Berne Convention (Literary and Artistic Works) since October 1990.

b. WTO: Member and Signatory to TRIPS Agreement, since January 1995.

c. Membership of other bodies/treaties: APEC, ASEAN.
- Member of APEC since November 1989
- Member of ASEAN since August 1967.

On March 3, 2003, Intellectual Property Division under Ministry of Domestic Trade and Consumer Affair was converted into an independent corporation with autonomous powers known as MALAYSIAN INTELLECTUAL PROPERTY CORPORATION. The objective of this corporation is to streamline the administration of the examination and grant of patents, industrial designs, trade marks and geographical indicators.
Under Malaysian Intellectual Property Corporation, additional staff have been recruited, hours to receive applications have been increased and new administrative procedures have been introduced. Time taken to examine and grant a registrable Intellectual Property Right (IPR) is being substantially reduced.