Kota Kinabalu: Intellectual Property Corporation of Malaysia (MyIPO), Sabah Branch Director Asmah Binti Khalid cautioned the SME business community of being cheated by unscrupulous people posing as its agents to defraud them of fee payments for help in their intellectual property (IP) trademark or patent applications.
She said they should take care to apply through MyIPO, online or through her office at 2nd and 3rd Floor, Block B, Warisan Square, Jalan Tun Fuad Stephen, 88999 Kota Kinabalu, Sabah, even for registering your IP or brands, patents in overseas countries, such as under the Madrid system, or Madrid Protocol (officially the Madrid system for the international registration of marks) which is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. For more information contact Tel: 088-233571 / Email: [email protected]
A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.
If you believe you have invented something new, rather than just improving an existing product you might want to consider registering a standard patent? A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
The three criteria for patentability include novelty which means that your invention must not have been made public – not even by yourself – before the date of the application; inventive step which means that your product or process must be an inventive solution; and industrial applicability.
In her presentation “Protect Your Intellectual Property” in Malay at the Sabah-China Chamber of Commerce Young Entrepreneurs forum organised by Dick Lee, she said it would be cheaper to fight against infringements through her Ministry of Domestic Trade and Consumer Affairs, than to take the remedial legal process in courts involving costly legal fees.
Registered trade mark owners have exclusive right to use their marks in trading. They also have rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to the Enforcement Division for appropriate actions under the Trade Description Act 1972.
Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.
“MyIPO is responsible for the development and administration of intellectual property rights (IPR) system in Malaysia which consist of industrial property (patent, trade mark, industrial design and layout design of integrated circuit); and copyright and related rights.
“Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.”
Asmah explained geographical trademarks involving a geographical indication (GI) in Sabah include products of the community such as ‘Kopi Tenom’ and ‘Sabah Tea’. A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
Copyright is the exclusive right to control creative works created by the author, copyright owner and performer for a specific period governed under the Copyright Act 1987.
MyIPO also offers copyright notification through the Copyright Voluntary Notification System for works eligible for copyright such as literary works; musical works; artistic works; films; sound recordings; broadcasts; and derivative works.
All business name registrations are managed by the Companies Commission of Malaysia (SSM). Business name registration does not stop others from using the same business name. If you would like to do this, you should consider registering your business name as a trade mark.
In her presentation, Asmah Binti Khalid quoted Thomas Edison, the inventor of the light bulb on what defines an intellectual property: “Any creation that comes from someone’s mind is an intellectual property.”
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