OUR SERVICE, Your NEEDS

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. The IP Co. vision is to 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.

What do we provide that can help you ?

Our core services are relating to Trademark, Patent, Industrial Design, Copyright, Geographical Indication, IC Layout Designs Filing & Protection. In addition to that, we do provide ad-hoc services for our specialized clientele.

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

Industrial Design

• Design Search & Opinion
• Filing of Industrial Design Application
• Reporting & Responding to Examination Report
• Obtaining & Forwarding Certificate of Grant
• Filing & Monitoring Renewa
• Filing Request for Restoration or Appeal
• Industrial Design Monitoring or Analysis

Geographical Indication

We provide Geographical indication (GI) protection and we handle all matters relating to such GI protection, including pre-filing search and advice, filing, prosecution, opposition, renewal, maintenance, advice on exploitation and enforcement.

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
• Filing Request for Restoration or Appeal
• Patent Monitoring or Analysis
• Infringement Analysis
• Freedom to Operate Analysis

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

IC Layout-Design

We provide protection for layout-design of an integrated circuit(IC) and we handle all matters relating to such IC layout-design protection, including pre-filing search and advice, filing, prosecution, opposition, renewal, maintenance, advice on exploitation and enforcement.

How do you know which protections you need ?

Copyrights, trademarks, and patents are all designed to protect you and your intellectual property. The IP Guide chart will help you to decide.

IP GUIDE COMPARISON CHART

 

Copyright

Trademark

Patent

Design

Who typically seeks this protection?

Authors, artists, architects, and other creative professionals.

Business and product owners.

Inventors, business and product owners

Inventors and designers.

What does it protect?

Original works of authorship, including books, articles, sound recordings, motion pictures, and other creative works. An idea itself cannot be copyrighted.

A word, slogan, symbol, design, and/or image which identifies and distinguishes business or brand from others.

Inventions with a new or improved function, such as machines, processes, chemical compositions or method.

New and original, shape or ornamental design for an article.

What benefits does registration/filing include?

Copyright registration enhances applicant's rights by providing legal evidence and public notice of ownership, and by allowing the copyright holder to bring suit in federal court in cases of infringement.

Trademark registration enhances applicant's rights by providing legal evidence and public notice of ownership. It provides exclusive rights to the mark and allows the holder to bring lawsuits against infringers.

A patent provides owner exclusive right to prevent others from making, using, selling, or importing the patented invention.

A design provides owner exclusive right to prevent others from making, using, selling, or importing the protected design.

How long does it last?

A copyright protection lasts the author's lifetime, plus an additional 70 years.

A trademark registration can have an unlimited term, but must be renewed every 10 years.

A patent protects an invention up to 20 years, but must be renewed every year after grant.

A design patent protects a design for 25 years, but must be renewed every 5 year.

More on Trademark, Patent, Design & Copyright

General information on Trademark, Patent, Design & Copyright that able to assist in deciding choosing the best IP that will protect your intellectual property.

What is a trade mark?

Trademark Logo for Google, Mc'Donald's, Nike, Coca-Cola, Facebook, Apple, Yahoo, Nikon, YouTube, Adidas, Amazon.com, Unilever, Twitter, Mastercard, Samsung, Canon and Starbuck's.

Trademark Logo for Google, Mc'Donald's, Nike, Coca-Cola, Facebook, Apple, Yahoo, Nikon, YouTube, Adidas, Amazon.com, Unilever, Twitter, Mastercard, Samsung, Canon and Starbuck's.

A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these.

A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.

Functions of trade mark

I. Origin Function - A trade mark helps to identify the source and those responsible for the products and services sold in the market.

II. Choice Function - A trade mark enables consumers to choose goods and services with ease while shopping.

III. Quality Function - Consumers choose a particular trade mark for its known quality.

IV. Marketing Function - Trade marks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising.

V. Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.

Importance of trade mark registration

Trade marks registration provides for:

I. Exclusive Rights- Registered trade marks owners have exclusive right to use their marks in trading. They also have the 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 Enforcement Division for appropriate actions under the Trade Description Act 1972.

II. Legal Evidence- 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.

Does local trademark registration provides protection abroad/overseas as well?
No, if protection of trade mark is required in other countries, it will be necessary to apply for registration separately in each countries. However, a local application can be used a basis for claiming priority in countries which are party to the Paris Convention and World Trade Organization (WTO).

What is the Duration of registration/protection ?
Trade mark registration is valid for ten (10) years from the date of application and may be renewed every ten (10) years.

Who may apply?
Any natural person, who is the owner of the trade mark used, or proposed to be used, by him in the specified country, may apply for the registration of a trademark in that country. 

What is a patent ?

A patent drawing from Michael Jackson’s application filed for his shoes and the method of his movement.

A patent drawing from Michael Jackson’s application filed for his shoes and the method of his movement.

A patent or utility innovation 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.

How can a patent or utility innovation be protected?
An applicant must file a patent or utility innovation application with the Intellectual Property Office to determine whether it meets the requirements of the predefined patent requirements in the specific country.

Why Protect an Invention?
A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in the specific country without the owner's consent or permission.

Term of protection ?
A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

What are Patentable Inventions ?
For a patent to be granted an invention must be :
I. New, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
II. Inventive (not obvious), that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
III. Industrially applicable, meaning it can be mass produced.

What are 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.

What is an Industrial design/ design patent ?

The Lamborghini Diamante Concept design by diamonds. (Thomas Granjard from Coventry University)

The Lamborghini Diamante Concept design by diamonds. (Thomas Granjard from Coventry University)

An industrial design/design patent is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal to eye.

When should one file for registration?
Filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public. Prior disclosure will destroy the novelty of the design. So extreme care should be exercised to ensure secrecy of the design.

What rights does a registered design confer?
A registered industrial design confers the owner of a registered design the exclusive right to make, import or sell or hire out any article to which the design has been applied. Other users should obtain the consent of the rightful owner before using the design. The owner of a registered design has the right to take legal action against an infringer within 5 years from the act of infringement.

How long is the period of protection?
A registered industrial design is given an initial protection period of 5 years from the date of filing and is extendable for a further four consecutive terms of 5 years each. The maximum protection period is 25 years.

How extensive is industrial design protection?
An industrial design registered in a specific country is only protected in that country. In order to have your designs protected in other countries, applications for registration will have to be filed within six month from the earliest date when it was first filed in any of the Paris Convention member countries.

How soon can one manufacture and sell articles made to design?
Anytime after the application has been filed. Applicants wishing to exploit the design in foreign markets may do so by obtain well corresponding protection abroad.

Are registered designs made public?
Registered designs are open to public inspection and the details of the registration and the details of the registration are recorded in the Register of Industrial Designs and published in the Intellectual Property Official Journal.

What is a registrable industrial design?
To be registrable an industrial design must be New at the date an application for its registration is filed. A design is considered to be new only if it has not been made available or disclosed to the public in any way whatsoever in specific country or elsewhere before the filing date of the application and it is not on the record the Register of Industrial Designs.

What sort of designs is excluded from registration?
The designs of certain types of article are specifically excluded from design registration.

An industrial design is not registrable if:

• the aesthetic appearance of an articles is not significant or the design features differs only in immaterial details;
• it is a method or principle of construction;
• the designs are contrary to public order or morality;
• the designs of the articles concern exclusively with how an article functions; and
• the designs of articles that are integral parts of other articles and whose features are dependent upon the appearance of other article.

Who can apply for design registration?
Only the owner of a design may apply to register the design, by appointing an us as Industrial Designs Agent.

Source from MyIPO

What is a copyright?

Swedish artist Erik Johansson’s inside-out house in work titled The Architect

Swedish artist Erik Johansson’s inside-out house in work titled The Architect

Copyright is the exclusive right given to the owner of a copyright for a specific period.  There is no system of registration for copyright in certain countries.
A work that is eligible is protected automatically upon fulfillment of the following conditions:-
• sufficient effort has been expected to make the work original in character;
• the work has been written down, recorded or reduced to a material form;
• the author is qualified person or the work is made in Malaysia or the work is first published in specific country.

What Does Copyright Protect?
Works eligible for protection are;
• literary works;
• musical works;
• artistic works;
• films;
• sound recordings;
• broadcasts; and
• derivative works
These works shall be protected irrespective of their quality and purpose for which they were created.
However, the copyright protection shall only extend to expression and not ideas, procedures, methods of operation or mathematical concepts as such.

Who Owns Copyright?
Copyrights in a work vests initially in the author (writer, composer, maker of the work, etc). However, where the making of a work is made by an employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer. The author's right is transferable by assignment, testamentary disposition or by operation of law, in which case the assignee shall be the owner.

How long does copyright last?

Literary, Musical or Artistic Works
Generally, copyright in any literary, musical or artistic work shall subsist during the life of the author plus 50 years after his death. However, if a work has not been published during the lifetime of the author, copyright in the work continues to subsist until the expiration of 50 years, following the year in which the work was first published. In the case of a work with joint authorship, the life of the author who dies last is used for the purpose of calculating the copyright duration of the work.

Sound Recordings
The copyright in sound recordings shall subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the recording was first published or, if the sound recording has not been published, from the beginning of the calendar year following the year of fixation.

Broadcasts
For the copyright in broadcasts, the duration shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the broadcasts was first made.

Films
The duration of the copyright in films shall continue to subsist for a period of fifty years computed from the beginning of the calendar year next following the year in which the film was first published or first made available to the public or made, whichever is the last.

Government Works
Copyright in works of Government, Government organizations and international bodies shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the work was first published.

What Are The Legal Rights Of Copyright Owners?
Generally, owners of copyright works in literary, musical or artistic works, films and sound recordings have the exclusive rights to control:
• the reproduction of the works in any form (including photocopying, recording etc);
• the performing, showing or playing to the public;
• the communication to the public;
• the distribution of copies to the public by sale or other transfer of ownership; and
• the commercial rental to the public.
These exclusive rights apply irrespective of whether the works are copied partly or wholly. Thus, infringement of copyright occurs if the person claiming can show that the defendant has done such an act. In other words, the burden of proof lies on the person claiming that his/her work has been infringed.

Copyright in Broadcasts
For the copyright in a broadcast, there shall be exclusive rights to control the recording, the reproduction, and the rebroadcasting of the whole or a substantial part of the broadcast. The show or the play must be made in public and in a place where an admission fee is charged for the whole or a substantial part of the broadcast either in its original form or in any way recognizably derived from the original. The copyright in a television broadcast shall include the right to control the taking of still photographs from such broadcasts.

Economic Rights
Economic rights are exercised during the period of protection. These rights are exercised by the owners while alive, and upon death, for a period of 50 years by their heirs.

Moral Rights
Besides the economic rights, copyright protection also includes moral rights. The moral rights are basically the rights to oppose changes in the copyright that could harm the reputation of the creator.

What Constitutes Copyright Infringement?
The copyright in a work infringed when a person who, not being owner of the copyright, and without license from the owner, does or authorizes any of the following acts:-
• reproduces in any material form, performs, shows or plays or distributes to the public,
• communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form;
• imports any article into Malaysia for the purpose of trade or financial gains;
• makes for sale or hire any infringing copy;
• sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy;
• distributes infringing copies;
• possesses, otherwise than for his private and domestic use, any infringing copy;
• by way of trade, exhibits in public any infringing copy;
• imports into Malaysia, otherwise than for his private and domestic use, an infringing copy;
• makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies; or
• causes the work to be performed in public

Source from MyIPO