Why Intellectual Property (IP) Matters for Your Business

Class 1 – Chemicals, resins, plastics, adhesives.
Class 2 – Paints, varnishes, lacquers, dyes.
Class 3 – Cleaning products, soaps, perfumes, cosmetics, toothpaste.
Class 4 – Oils, lubricants, fuels, candles.
Class 5 – Pharmaceuticals, medical/vet products, supplements, disinfectants.
Class 6 – Common metals, metal goods, hardware, ores.
Class 7 – Machines, engines (not for land vehicles), vending machines.
Class 8 – Hand tools, cutlery, razors.
Class 9 – Electronics, computers, software, scientific instruments.
Class 10 – Medical, surgical, dental, veterinary instruments.
Class 11 – Lighting, heating, cooking, refrigeration, sanitation.
Class 12 – Vehicles and transport equipment.
Class 13 – Firearms, ammunition, fireworks.
Class 14 – Jewelry, watches, precious metals.
Class 15 – Musical instruments.
Class 16 – Paper, books, stationery, printing, teaching materials.
Class 17 – Rubber, plastics, insulating materials, pipes (non-metal).
Class 18 – Leather goods, bags, trunks, umbrellas, saddlery.
Class 19 – Building materials (non-metal), pipes, monuments.
Class 20 – Furniture, mirrors, picture frames, plastics.
Class 21 – Household/kitchen items, glassware, ceramics.
Class 22 – Ropes, nets, tents, tarpaulins, sacks, raw textiles.
Class 23 – Yarns and threads.
Class 24 – Textiles, fabrics, bed/table covers.
Class 25 – Clothing, footwear, headgear.
Class 26 – Lace, embroidery, ribbons, buttons, needles, artificial flowers.
Class 27 – Carpets, rugs, mats, floor coverings, wall hangings.
Class 28 – Games, toys, sporting goods, Christmas decorations.
Class 29 – Meat, fish, poultry, dairy, oils, preserved foods.
Class 30 – Coffee, tea, sugar, rice, bread, confectionery, spices.
Class 31 – Fresh produce, grains, seeds, live animals, plants, flowers.
Class 32 – Beers, mineral waters, non-alcoholic drinks, juices.
Class 33 – Alcoholic beverages (excluding beer).
Class 34 – Tobacco, smokers’ articles, matches.

Class 35 – Advertising, business management, administration, office work.
Class 36 – Insurance, financial, real estate services.
Class 37 – Construction, repair, installation.
Class 38 – Telecommunications.
Class 39 – Transport, packaging, storage, travel.
Class 40 – Treatment of materials.
Class 41 – Education, training, entertainment, sports, culture.
Class 42 – Science, technology, research, IT, software development.
Class 43 – Food & drink services, temporary accommodation.
Class 44 – Medical, veterinary, beauty, agriculture services.
Class 45 – Legal, security, personal/social services.

A Trademark normally refers to a company name, individual name, signature, label, sound, smell, colour, logo, slogan or shape of product of a business.

A Trademark is your business/corporate identity that will help you distinguish yourself from your competitors.

➊ Composite Mark: A combination of both words and a logo (word + device). Protection is limited to the specific design registered.

➋ Word Mark: Protects the wording, letters or numbers of your brand. This provides the broadest protection regardless of font, style, or color.

➌ Device Mark: Covers logos, symbols or images that visually represent your brand.

➊ Territorial protection: Trademarks are protected on a country-by-country basis. A registration in Malaysia does not give automatic protection overseas.

➋ Per mark, per class: Registration applies to each individual trademark in the specific class of goods or services selected.

➌ First-to-file system: Malaysia follows the first-come, first-served principle, meaning whoever files the application first generally has the rights.

➍ Based on 45 international classes: Trademark protection is categorized under the Nice Classification system, which consists of 45 classes (34 for goods and 11 for services).

Before registering a trademark, it is important to conduct a search to check if anyone else has already registered the same or a similar trademark.

To be registrable, a trademark must meet one or more of the following requirements:

➊ Company or individual name: Represented in a distinctive manner.
➋ Signature: Provided it is legible and can be recognized by the public.
➌ Invented words: Unique words not found in the dictionary.
➍ Words with direct reference to:
‣ Quality
‣ Character
‣ Geographical name
‣ ⚠️ Note: Surnames are not registrable

Importantly, actual business use of the mark is not required at the time of filing. Meeting just one of the above requirements is sufficient for trademark registration.

Registering a trademark provides multiple advantages for businesses, from legal protection to commercial value. Some key benefits include:

➊ Government Support: Proof of trademark ownership may be required when applying for grants, franchises, or loans from government agencies.

➋ Business Asset: A trademark is an intangible asset that can be sold, licensed, or franchised.

➌ Insurance & Protection: Shields your brand from infringement and unauthorized use.

➍ Legal Weapon: Gives you the right to take legal action against others using the same or a confusingly similar brand.

➎ Marketing Advantage: Enhances credibility, quality, and prestige. Many e-commerce platforms also require proof of trademark registration to confirm ownership before allowing product listings.

➏ Reduced Legal Risk: Protects your business by lowering the risk of disputes.

➐ Investor Confidence: Strengthens business valuation and attracts investors by showing that your brand and intangible assets are well-protected.

In Malaysia, typically 12–18 months if there are no objections/opposition.

The duration depends on several factors, including:
➊ Whether there are any objections or oppositions raised during examination or publication;

➋ The completeness and accuracy of the application; and

➌ How quickly the applicant responds to queries or requests from MyIPO.

If the application is straightforward with no objections, it can be completed closer to the 9-month mark. However, if issues arise, the process may extend beyond 18 months.

According to the Intellectual Property Corporation of Malaysia (MyIPO), the official filing fee for a trademark starts at RM370 per class for online applications (RM400 for manual filings). Renewal after 10 years costs RM1,000 per class.

The approximate fee of IP valuation is in the range of RM25,000 – RM30,000. The benefit of IP valuation is certain as it accurately measures the worth of your intangible assets and provides a clearer, more solid view of your company’s overall value to both you and potential shareholders.

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films to computer programs, databases, advertisements, maps, and technical drawings.

Copyright protects original works of authorship, covering a wide range of creative and intellectual outputs. Common examples include:

➊ Literary works: Novels, poems, plays, reference works, newspaper and magazine articles.
➋ Computer programs and databases
➌ Films, music and choreography
➍ Artistic works: Paintings, drawings, photographs and sculptures.
➎ Architectural designs
➏ Other creative works: Advertisements, maps and technical drawings.

Important to note:
Some works, such as titles, short slogans or simple logos may not qualify for copyright protection unless they demonstrate sufficient creativity and authorship.

Copyright protects only the expression of ideas, not the ideas themselves, methods, or mathematical concepts.

Copyright grants two main categories of rights to authors and creators:

➊ Economic Rights
These allow the rights owner to derive financial reward from the use of their works. The owner has the authority to permit or prevent others from:

‣ Reproducing the work (e.g., printing, photocopying, sound recording).
‣ Performing it publicly (e.g., plays, music, drama).
‣ Recording it (e.g., CDs, DVDs, digital formats).
‣ Broadcasting it via radio, television, cable, or satellite.
‣ Translating it into other languages.
‣ Adapting it into another form (e.g., turning a novel into a film).

➋ Moral Rights
These protect the personal and reputational interests of the author. Widely recognized moral rights include:

‣ The right to claim authorship of a work.
‣ The right to object to modifications or uses that could harm the creator’s reputation.

In many countries, authors may also receive remuneration for the use of their works, sometimes through collective management organizations.

In the past, some countries required copyright holders to use the © symbol in order to secure copyright protection. This served as formal notice that the work was protected.

Today, copyright protection is automatic in most countries under international agreements and the use of the © symbol is no longer a legal requirement.

However, many creators and rights holders still use the © symbol because it:
• Clearly notifies the public that the work is protected by copyright.
• Reinforces that all rights are reserved unless permission is granted.
• Helps prevent misuse by making the protection more visible.

While optional, including the © symbol is a simple and effective way to assert your rights.

Yes, but it depends on the country.

Copyright protection is automatic in all countries that are party to the Berne Convention. This treaty harmonizes copyright protection across more than 180 member countries, meaning your work is generally protected internationally without the need for separate registration.

However, copyright laws are territorial. They only apply within the country where they were enacted. For countries not part of the Berne Convention, you will need to comply with that country’s specific legal requirements in order to secure protection.

If you want your work protected worldwide, always check the copyright laws of each country where you plan to distribute, publish, or use your work.

There is no single international registry for copyright-protected works because as a rule copyright protection is automatic and does not depend on registration.

However, in some countries, voluntary copyright registries or deposit systems are available. Registering your work in such a system can be helpful, especially in the event of a dispute over ownership as it provides strong evidence of authorship and the date of creation.

In certain jurisdictions, depositing copies of published works (such as books, newspapers, or magazines) with a national library or authority may even be a legal requirement, though this does not affect the validity of copyright itself.

While not mandatory, voluntary registration or deposit can provide an extra layer of protection and peace of mind for creators.

A patent is an exclusive right granted for an invention. A new product or process that provides a technical solution to a problem. In Malaysia, a patent lasts up to 20 years (with renewal) and gives the owner the right to make, use, sell, or license the invention while preventing others from doing so without permission.

A patent gives the owner the exclusive right to control the use of the invention. This means others cannot make, use, sell, distribute, or import the invention for commercial purposes without the owner’s consent during the protection period.

Patents can be granted for inventions in any field of technology from simple household tools to advanced nanotechnology. An invention may be:

➊ A product (e.g., a chemical compound, machine or device) or
➋ A process (e.g., a method of manufacturing or producing a compound).

Many modern products combine multiple patented inventions. For example, a laptop may include hundreds of patented components working together.

In Malaysia, 20 years from filing date, subject to annual renewal fees.

No. Patents are territorial rights, which means they are only valid in the country or region where they are filed and granted, according to local laws. To protect an invention internationally, you must file separate applications in each country, or use international systems such as the Patent Cooperation Treaty (PCT).

Malaysia is a member of the PCT, which allows applicants to seek patent protection in multiple countries through a single filing.

Patent rights are enforced through the courts, usually on the initiative of the patent owner. Courts can order infringers to stop using the invention and may award damages. However, the responsibility to monitor, identify and take action against infringement lies with the patent owner.

Patents encourage innovation by rewarding inventors with recognition and exclusive rights to their inventions. This motivates individuals and businesses to invest in new ideas.

They also benefit society because published patents share knowledge publicly, helping others improve on existing ideas instead of “reinventing the wheel.” This continuous cycle of innovation improves technology, products, and overall quality of life.

To protect your invention, you need to file a patent application with the Intellectual Property Corporation of Malaysia (MyIPO) or the IP office in the country where protection is sought. For guidance through the process, it’s best to consult an IP specialist.

Under Malaysian law, an industrial design refers to the features of shape, configuration, pattern, or ornament applied to an article by any industrial process, which gives the article a unique appearance.

An industrial design protects the ornamental or aesthetic aspects of an article not its technical or functional features.

In Malaysia, an industrial design may consist of:
➊ Three-dimensional features: Such as the shape or configuration of a product (e.g., the contour of a bottle).

➋ Two-dimensional features: Such as patterns, lines or colors applied to a surface (e.g., fabric designs, decorative motifs).

To be registrable, the design must be new and not previously disclosed to the public in Malaysia or elsewhere.

The owner of a registered industrial design in Malaysia has the exclusive right to prevent others from:
➊ Making
➋ Selling, or
➌ Importing

any product that bears or embodies a design which is a copy or substantially a copy of the protected design, when such acts are carried out for commercial purposes.

This protection ensures that competitors cannot exploit the visual appearance of your product without permission, giving you stronger control over your brand’s identity and market advantage.

In Malaysia, industrial design protection applies to a wide range of industrial and handcrafted products. These include:

➊ Consumer goods: Packaging, containers, furniture, household items.
➋ Fashion and accessories: Textiles, clothing patterns, jewelry, watches.
➌ Technology products: Electronic devices, appliances anad lighting equipment.
➍ Artistic and decorative items: Ornaments , handicrafts and decorative finishes.
➎ Digital elements: Graphic symbols, graphical user interfaces (GUI) and icons.

Essentially, any product where the aesthetic or ornamental features (shape, pattern, lines or colors) give it a unique appearance can be protected under industrial design law in Malaysia.

In Malaysia, industrial design protection lasts for an initial 5 years from the filing date and can be renewed every 5 years, up to a maximum of 25 years in total.

In Malaysia, industrial design rights are enforced through the courts, usually by the design owner. Remedies may include injunctions (to stop infringement), damages or compensation, and in some cases, seizure of infringing goods.

In Malaysia, you need to file an application with MyIPO (Intellectual Property Corporation of Malaysia). The process involves submitting representations of the design, paying the filing fee and going through examination before registration is granted. For smoother filing, it’s best to consult an IP specialist.