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From trademarks to patents, we protect what matters most—
your intellectual property and creative vision.
Years of Experience
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Countries IP
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IP PROTECTION & BEYOND
The IP Co. provides a full range of intellectual property services such as: Trademark, Patent, Industrial Design and Copyright Filing & Protection, as well other IP related services. The IP Co. are headed by a well versed and experienced technicalteam based in Malaysia with more than 10 years of experince in Intellectual Property field.
We provide a quality service for our client, that includes responding timely and providing service at an affordable rates to encourage clients to obtain more Intellectual Property Filing & Protection in Malaysia or Asia region.
OUR LIST OF SERVICES
Trademark
- Trademark Availability Search
- Filing Trade Mark Application
- Filing Request for Examination
- Filing Response to Examination Report
- Obtaining Certificate of Registration
- Filing or Responding Opposition
- Filing & Monitoring Renewal
- Filing Request for Restoration or Appeal
- Trademark Monitoring or Analysis
Patent
- Patent Novelty Search & advice
- Drafting of Patent Specification & Review
- Filing Patent Application/PCT Application
- Filing Request for Substantive Examination
- Reporting & Responding to Examination Report
- Obtaining & Fowardaing Certificate of Grant
- Filing & Monitoring Renewal
Copyright
- Consultation on copyright requirement
- Filing of Copyright Application
- Reporting & Responding to Examination Report
- Obtaining & Forwarding Certificate of Registration
- Filing Request for Restoration or Appeal
Industrial Design
- Design Search & Opinion
- Filing of Industrial Design Application
- Reporting & Responding to Examination Report
- Obtaining & Forwarding Certificate of Grant
- Filing & Monitoring Renewal
- Filing Request for Restoration or Appeal
- Industrial Design Monitoring or Analysis
IP Litigation Support
- Act as an IP expert in court.
- Offer pre-litigation consultancy for legal IP issues.
- Assist in dispute resolution through negotiation.
- Coordinate with external IP litigators on contentious matters.
- Support the litigation process between counsel and clients.
- Assist with raids and seizures at premises infringing IP rights.
Securing Domain Names
- Searching for available domain names
- Registration of domain names
- Management of domain name portfolios
IP Enforcement Support
- Conducting on-field and online investigations and market surveys
- Assistance on Identifying counterfeit items
- Assistance on Filing of Search Warrant.
- Assistance on Conducting Raids
- Assistance on Criminal Prosecution of recalcitrant infringers
Regulatory Approval for Food, Drugs and Health Products
- Skincare/ Cosmetic Registration
- Food/ Health Food Product Registration
- Health Supplement Registration
- Traditional Medicine Registration
- Over The Counter Medicine (OTC)
- Medical Device Registration (MDA)
- Good Manufacturing Practice (GMP)
- Good Distribution Practice for Medical Devices (GDPMD)
IP Search & Watch
- Assist in finding registered and current technology status.
- Help assess potential IP infringement (Freedom to Operate).
- Determine if the concept is protectable.
- Advise on filing oppositions to competitors’ applications.
- Identify areas for improvements and protection.
- Research new developed technologies.
- Track new registrations and applications.
Intellectual Property Matters in Malaysia
In Malaysia, IP rights are governed by various laws and regulations, each dealing with different forms of IP such as trademarks, patents, designs, and copyrights. This guide provides a comprehensive overview of the processes involved in searching, filing, granting, enforcing, and addressing infringements of these IP rights in Malaysia.
Additionally, it highlights the importance of appointing a professional IP agent, like THE IP CO., to navigate these complex procedures effectively.
Trademarks
Patents
Industrial Designs
Copyrights
INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS
Intellectual property (IP) rights are governed by various laws and regulations worldwide, each addressing different forms of IP such as trademarks, patents, designs, and copyrights. This guide offers a comprehensive overview of the processes involved in searching, filing, granting, enforcing, and addressing infringements of these IP rights across the globe.
Additionally, it emphasizes the importance of appointing a professional IP agent, like THE IP CO., to effectively navigate these complex and jurisdiction-specific procedures.
Europe
Countries:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Trademark
- Managed under the European Union Intellectual Property Office (EUIPO).
- Filing a European Union Trade Mark (EUTM) offers protection in all member states.
Patent
- Centralized system through the European Patent Office (EPO).
- Unitary Patent System streamlines protection across member states.
Design
- Registered Community Designs (RCD) system under EUIPO.
- Provides uniform protection across the EU.
Copyright
- Protection governed by EU directives harmonized across member states.
- Automatic protection under the Berne Convention.
Africa
Countries:
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Comoros, Congo, Djibouti, Egypt, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe.
Trademark
- ARIPO and OAPI provide regional filing systems.
- Country-specific trademark requirements vary widely.
Patent
- ARIPO and OAPI offer regional patent systems.
- Filing through the African Regional Intellectual Property Organization streamlines protection.
Design
- Regional and national systems coexist.
- Protection available under the ARIPO design system.
Copyright
- Adherence to the Berne Convention in most Countries.
- Varied enforcement and registration practices.
Asia
Countries:
Afghanistan, Armenia, Azerbaijan, Bahrain,
Bangladesh, Bhutan, Brunei, Cambodia, China, Georgia, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Oman, Pakistan, Philippines, Qatar, Saudi Arabia, Singapore, South Korea, Sri Lanka, Syria, Taiwan, Tajikistan, Thailand, Timor- Leste, Turkmenistan, UAE, Uzbekistan, Vietnam, Yemen.
Trademark
- National trademark systems with some regional cooperation.
- Madrid Protocol members enable streamlined international filings.
Patent
- Patent systems vary, with robust systems in Countries: like Japan and China.
- Many Countries: are part of the Patent Cooperation Treaty (PCT).
Design
- National filing systems dominate.
- Hague Agreement members allow for simplified international filings.
Copyright
- Strong copyright frameworks in developed economies.
- Berne Convention membership ensures international protection.
North America
Countries:
Canada, United States, Mexico.
Trademark
- National trademark systems in each country.
- United States offers federal registration through the USPTO.
Patent
- Managed nationally, with strong systems in the US and Canada.
- PCT membership facilitates international filings.
Design
- Design patents in the US; industrial designs in Canada and Mexico.
- Varying terms and enforcement.
Copyright
- Automatic protection under the Berne Convention.
- Strong enforcement mechanisms.
Latin America
Countries:
Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela.
Trademark
- National systems dominate.
- Regional cooperation through trade agreements.
Patent
- National patent systems; most Countries: are PCT members.
- Enforcement varies widely.
Design
- Limited regional harmonization.
- National filing required.
Copyright
- Berne Convention membership ensures protection.
- Enforcement is inconsistent across Countries.
Middle East
Countries:
Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, UAE, Yemen.
Trademark
- National systems dominate, with some regional cooperation.
- Membership in the Madrid Protocol facilitates international filings.
Patent
- Robust systems in Countries: like Israel and the UAE.
- Most Countries: are PCT members.
Design
- National systems dominate.
- Limited regional treaties for harmonization.
Copyright
- Berne Convention membership ensures international protection.
- Enforcement levels vary widely.
Ocenia
Countries:
Australia, Fiji, Kiribati, Marshall Islands,
Micronesia, Nauru, New Zealand, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu.
Trademark
- National systems dominate.
- Australia and New Zealand offer strong IP frameworks.
Patent
- Managed nationally.
- Australia and New Zealand are PCT members.
Design
- National systems dominate, with robust frameworks in Australia and New Zealand.
Copyright
- Automatic protection under the Berne Convention.
- Strong enforcement mechanisms.
Trademarks
In Malaysia, trademarks are protected under the Trademarks Act 2019. A trademark is a sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.
Trademarks can include words, logos, symbols, or a combination of these. To secure trademark protection, one must register the trademark with the Intellectual Property Corporation of Malaysia (MyIPO). Registration grants the owner exclusive rights to use the trademark in relation to the goods or services for which it is registered.
Search
Before filing for a trademark, it is essential to conduct a thorough search to
ensure that the desired trademark is available and does not infringe on existing
trademarks. This can be done through the following steps:
1) Preliminary Search:
Use online databases such as the MyIPO (Intellectual Property Corporation of
Malaysia) database to conduct an initial search.
2) Comprehensive Search:
Engage an IP agent to perform an exhaustive search to identify potential conflicts.
FILING
Filing for a trademark involves several steps:
- Application Preparation: Prepare the details for application form (TM5) and
gather the necessary documents, including the representation of the mark and details of the goods/services. - Submission: Submit the application to MyIPO either online or manually.
- Formal Examination: MyIPO conducts a formal examination to ensure all requirements are met.
- Publication: The application is published in the Government Gazette for opposition.
- Registration: If there are no oppositions or if oppositions are resolved in favor of the applicant, the trademark is registered.
Timeline of grant
- Preliminary Search: 1-2 weeks
- Filing and Formal Examination: 1-2 months
- Publication: 2 months
- Registration: 8-12 months if no oppositions
Enforcement
Enforcement of trademark rights involves:
- Monitoring: Regularly monitor the market for unauthorized use.
- Cease and Desist Letters: Send letters to infringers demanding cessation.
- Legal Action: Initiate legal proceedings if necessary.
Infringement
Trademark infringement occurs when an unauthorized party uses a mark that is identical or confusingly similar to a registered trademark. Actions against infringement include:
- Negotiation and Settlement: Attempt to resolve the matter amicably.
- Administrative Action: File a complaint with MyIPO.
- Civil Litigation: Pursue legal action in court.
Patents
Patents in Malaysia are governed by the Patents Act 1983. A patent provides the patent owner with exclusive rights to exploit the patented invention, which can be a product or a process that provides a new and inventive solution to a problem.
To obtain a patent, the invention must be novel, involve an inventive step, and be industrially applicable. The patent application must be filed with MyIPO. A granted patent gives the holder the exclusive right to prevent others from making, using, selling, or distributing the patented invention without permission for up to 20 years from the filing date.
Search
Patent searches are crucial to determine the novelty of an invention. Steps include:
- Preliminary Search:
Use online patent databases such as MyIPO, WIPO (World Intellectual Property Organization), and others.
- Detailed Search:
Engage an IP agent for an in-depth search.
FILING
Steps for patent filing include:
- Drafting the Specification: Prepare a detailed description of the invention.
- Filing the Application: Submit the application to MyIPO.
- Formal Examination: MyIPO checks for completeness and formalities.
- Substantive Examination: Detailed examination to assess patentability.
- Publication: Application is published for public viewing.
- Grant: Patent is granted if all criteria are met.
Timeline of grant
– Preliminary Search: 1-2 weeks
– Filing and Formal Examination: 1-3 months
– Substantive Examination: 3-4 years
– Publication: 18 months from filing date
– Grant: 3-4 years
Enforcement
Enforcement of patents includes:
- Monitoring: Keep track of potential infringements.
- Cease and Desist Letters: Issue warnings to infringers.
- Legal Action: File lawsuits for patent infringement.
Infringement
Patent infringement involves unauthorized use of a patented invention. Steps to address infringement include:
- Negotiation and Settlement: Attempt out-of-court settlement.
- Administrative Action: File a complaint with MyIPO.
- Civil Litigation: Pursue legal remedies in court.
Industrial Designs
Industrial designs in Malaysia are protected under the Industrial Designs Act 1996. An industrial design refers to the features of shape, configuration, pattern, or ornament applied to an article by any industrial process, which in the finished article appeal to and are judged solely by the eye.
To secure protection, the design must be registered with MyIPO. The registration provides the owner with exclusive rights to the design for an initial period of five years, which can be renewed for additional periods up to a maximum of 25 years.
Search
Conducting a search for registered designs involves:
- Preliminary Search:
Use MyIPO’s design search database. - Comprehensive Search:
Employ an IP agent for a thorough search.
FILING
Steps for design filing include:
- Preparation: Create detailed representations of the design.
- Application Submission: Submit the application to MyIPO.
- Examination: MyIPO conducts a formal examination.
- Publication: Design is published in the official journal.
- Registration: Design is registered if no oppositions are received.
Timeline of grant
– Preliminary Search: 1-2 weeks
– Filing and Examination: 4-8 months
– Publication: 1 month
– Registration: 8-12 months
Enforcement
Enforcement of design rights includes:
- Monitoring: Regularly check for unauthorized use.
- Cease and Desist Letters: Issue warnings to infringers.
- Legal Action: Initiate legal proceedings if necessary.
Infringement
Design infringement involves unauthorized reproduction of a registered design. Actions against infringement include:
- Negotiation and Settlement: Attempt to resolve the matter amicably.
- Administrative Action: File a complaint with MyIPO.
- Civil Litigation: Pursue legal action in court.
Copyrights
Copyright in Malaysia is regulated by the Copyright Act 1987. Copyright protection is automatic upon the creation of an original work and does not require registration. It covers literary, musical, artistic, and dramatic works, as well as films, sound recordings, and broadcasts.
Copyright grants the owner exclusive rights to reproduce, distribute, perform, display, or license the work. The duration of copyright protection varies: for literary, musical, or artistic works, it lasts for the life of the author plus 50 years; for sound recordings and films, it lasts for 50 years from the year of publication.
Search
Conducting a search for copyrights involves:
- Preliminary Search:
Use online databases and resources to check for existing copyrights. - Detailed Search:
Engage an IP agent for an exhaustive search.
FILING
Steps for copyright filing include:
- Creation of Work: Ensure the work is original and fixed in a tangible medium.
- Voluntary Registration: While not mandatory, registering with MyIPO can provide legal advantages.
- Submission: Submit the application and required documents to MyIPO.
Timeline of grant
– Preliminary Search: 1-2 weeks
– Filing and Examination: 3-6 months
– Registration: 6-8 months
Enforcement
Enforcement of copyright includes:
- Monitoring: Keep track of unauthorized use.
- Cease and Desist Letters: Issue warnings to infringers.
- Legal Action: File lawsuits for copyright infringement.
Infringement
Copyright infringement involves unauthorized use of copyrighted material. Actions to address infringement include:
- Negotiation and Settlement: Attempt to resolve the matter amicably.
- Administrative Action: File a complaint with MyIPO.
- Civil Litigation: Pursue legal remedies in court.