-->

 

The new era – the concern of IP
In today’s world, due to great information and communication technologies sector, it is faster, easier and cheaper to transport people, products and information, to share ideas or disseminate knowledge.

However, there are people who would like to get rid of this opportunity, conducting illegal and unethical activities especially copying, imitating, plagiarism, forgery and so on which cause injury, loss and damage to others. Thus, the IP issue is getting more and more concern in the business world as this type of issue will not only affected the business related parties but also the people in the world regardless of status, age, profession and so on.
 
The crucial of business world
In the business world, who is not competitive enough will be ‘kicked out’. Who are able to take the opportunity from economies of scale, greater market accessibility and social network will be able to survive. Although you are the original inventor or innovator, if you are not able to take the benefit from IP, then you will soon be replaced.
 
There are 3 points in explaining IP:
   
IP comes from human mind
  Everyone is able to think, the only different is all the minds will not be thinking the same things. Human mind is invisible,unimaginable, uncontrollable and unlimited. People are not able to see what others thinking, not able to know and force other to think as you wish and no border.
   
IP is an intangible property
  Unlike the house you are living, the office building you are working, the car you are driving, IP is invisible, intangible and difficult to retain. If a people do not speak out, write out or present out what he/she think, then others will not able to know.
   
IP registration gives you the exclusive right
  Having exclusive right means having the monopoly power. You will have the right of ownership over the ‘thing’ you had registered. The ‘thing’ here may refer to inventions, brands, design, location, literary and artistic works. The right of ownership may be your competitive advantage over your competitors.
 
5 major types of Intellectual Property:
 
Benefits of registering your IP
Self-protection
A successful company will not ignore the importance of self-protection. In other words, IP registration can be categorized as one of the activities under risk management. Giving protection to your IP before introduce to the market will reduce the risk of infringing others IP and at the same time increase your market position and company reputation.
 
Reduce customers’ confusion
By having your IP registration, you are telling the consumers the product is belong to you especially through trademark registration and geographical indication. IP registration is just like you are placing label on the product for easy recognition.
 
Prevent the activities of imitation, copying, plagiarism and forgery
There are no way to fully stop these but you are able to protect yourselves from being one of the victim. If you are the victim under these activities, you are able to claim for compensation with the infringing parties through a legal manner as long as you are the IP owner.
 
Source of financial
Through having the exclusive right, you are able to grant the use of your IP to others either in the form of licensing or joint venture and in turn getting monetary benefit. The valuable IP may help you move to the global market.
 
May be regarded as brand name
Can be a name, phrase, logo, symbol, design, image, 3D, a combination
Used to identify and differentiate product/service provided by business entity
   
Types of trademark
Trade mark
  SMarks used to distinguish certain goods as produced by a specific enterprise.
   
Service mark
  SMarks used to distinguish certain services as provided by a specific enterprise
   
Collective mark
  SMarks used to distinguish goods or services produced or provided by members
   
Certification mark
  SMarks used to distinguish the goods or services that comply with a set of standards and have been certified by a certifying authority.
   
Well-known mark
  SMarks that are considered to be well-known in the market and as a result benefit from stronger protection.
   
The trademark or brand name of a product is same like a name of a person. Why our parent gives name to us? How will you address a people if he/she do not have name? These tell you why trademark and brand name exist.

A person may not have the right to own solely their name even the leader of a country, but, a person has the right to monopoly the brand name through registering trademark. Through this, you may be able to restrict the use of similar mark by other parties. No similar mark = no public confusion. Once your brand name become famous, that is yours!
 
Registrable Trademarks
Invented words
Names of person/ firm/ company mentioned in a specific manner
Applicant’s signature
Words with no direct relation to goods/ services, geographical name or surname
Any distinctive sign such as logos, pictures and symbols
Not deceptive or confusing, contrary to law and scandalous or offensive
Not identical/ similar to earlier registered/ application trade mark
Not identical/ similar to well known trade mark
   
Not Registrable Trademarks
Patent, by Royal letters Patent, Registered, Registered Design and Copyright

His Majesty Yang di-Pertuan Agong, Her Majesty Raja Permaisuri Agong, The royal Highness Sultans and their Excellencies Yang di-Pertua Negeri
Royal or Imperial Crowns, Arms, Crest, Armorial bearings
The Royal Malaysian Army and Royal Malaysian Police
Red Crescent, Geneva Cross in red and Swiss Federal Cross in white or silver on red ground
Words or representation of ASEAN and National Flower
   
 
An exclusive right granted for an invention, a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
Provides protection for the invention
   
3 types of patents:
   
Utility patents: new or useful process, machine, manufacture, or composition of material or any new and useful
  improvement thereof. (20 years from the date of the original application)
Design patents: invention of new, original and ornamental designs for manufactured products. (14 years from the date the patent is
  granted)
Plant patents: any new varieties of plants that can be reproduce asexually. (20 years from the date of the original application)
   
Many people are often not able to differentiate between patent and industrial design. Patent is more focus on the usability and the function of a new invention rather than the aesthetic value of an invention. There are some common questions for patent such as how the things work to achieve a special outcome? What is the special function of the invention which the existing inventions do not have?

Patent can be a source of financial for a company. Once you had fully protected your new invention, people can only sell or use the invention on your permission. This may give you the monopoly right toward the use of your invention. All the while, monopoly right will give the company a competitive advantage. This can be used to maintain your company’s market position.
 
Non-Patentable Inventions:
Discoveries, scientific theories and mathematical methods
Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-
  organisms, micro-biological processes and the products of such micro-organism processes;
Schemes, rules or methods for doing business, performing purely mental acts or playing games;
Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the
  human or animal body.
   
Patentable Inventions:
Be new, which means that the invention has not be publicly disclosed in any form, anywhere in the world
Involves an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the
  technological field of the invention
Be industrially applicable, meaning it can be mass produced.
   
 
Ornamental or aesthetic aspect of a product
Consist of 3D such as the shape, 2D such as pattern and ornamentation
Must appeal to eye
Strengthen product
   
Industrial design is similar to people wearing beautiful clothes and make up. Cosmetic and clothes may increase a person’s aesthetic value and make the person look attractive. This can be applied to product. A not attractive or not well-designed product will not able to catch the eye of consumers.

The activities of imitating and copying are increasing. The related legal bodies are not able to eliminate this type of activities, thus the only way is ‘self-protected’. You will not know when you will be the victim of the above activities, however, if you able to fully protect yourselves at first, then you will not be worried and afraid of people copying or imitating your design or people sue you for infringing their design.
 
Not Protected by Industrial Design Rights
Designs do not meet requirements of novelty, originality or individual character
Designs incorporating protected official symbols or emblems
  E.g. National flags
Designs consider to be contrary to public order or morality
Traditional designs and traditional cultural expressions are often regarded as ‘public domain’ by Intellectual
  Property laws and cannot be protected
   
 
A sign used on goods that have specific geographical origin and possess qualities or a reputation that are due to that
  place of origin.
Consists of the name of the place of origin of the goods.
Qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil.
Used for a wide variety of products whether natural, agricultural or manufactured.
Appellation of origin special kind of geographical indication
Consists of a geographical name or a traditional designation.
A specific quality or characteristic that is essentially due to geographical environment in which they are produced.
Used also in specific manufacturing skills and traditions.
   
Every product that are produced has their own story or history and the original “birth” place, just like human being, has their birth place stated in the birth certificate. When you see a person with gold color hair or blue eyes, you will know he probably is from Western country. The product which can be registered as Geographical Indication means that is the place of origin and no other places.

Through registering your product as your Geographical Indication, you will be able to protect your own reputation. Who know if some of the unethical or illegal producers try to sell the inferior products by saying it is come for your place of origin, then this will affect the confidence level of the public toward your product if your do not register you IP. This is a serious matter as this will not only affect the income of your company but also may have the possibility of affecting the place’s economy.
 
 
A form of legal protection given to works of creative expression. The owner of the copyright in a work is given certain
  exclusive rights, such as the right to reproduce the work and to sell it.
The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”
   
People always said that CDs are being copyrighted, so they should not buy the pirated CDs as this is illegal. Most of the people know buying pirated product is illegal and unethical but do they really do as what they know? Actually, no! Although they know it is illegal , the pirated market is still there. Actually, besides CDs, photo, books, movies, software are also under copyright.

Copyright can provide a few benefits to the business such as controlling the commercial exploitation of original works. Company can stop or avoid ‘COPYCATS’ from copying the original works or produce imitation products to customers so that customers are not easily cheated by them. Besides, company’s profit can be retained or stable as competitors or ‘COPYCATS’ have no rights or permission to exploit the company’s original work or business.
 
Works those are eligible for copyright:
Literary works: covers items in writing such as books, letters, brochures, catalogues, etc. Computer software also falls in
  this category.
Musical works: covers musical notes.
Artistic works: covers works of art, such as paintings, photographs, sculpture, drawings, etc.
Films
Sound recordings: covers recorded media, such as cassettes, compact discs, etc.
Broadcasts: covers radio and television transmissions
   
Works those are not eligible for copyright:
Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been
  notated or recorded, or improvisational speeches or performances that have not been written or recorded)
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation,
  lettering, or coloring; mere listings of ingredients or contents
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a
  description, explanation, or illustration
Works consisting entirely of information that is common property and containing no original authorship (for example:
  standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
   
 
 
  Home   About us   Company Philosophy   Intellectual Property   News and Event   FAQ   Contact Us   Research Tool   Sitemap