Intellectual Property in Malaysia

Overview by
National Organizations
Inside the Ministry of Trade and Consumption ( Kementerian Perdagangan Dalam Negeri Dan Hal Ehwal Pengguna) the Enforcement Division deals with problems of counterfeiting and pirating.

The central organization in charge of the protection and promotion of intellectual property rights is the Malaysian Intellectual Property Corporation (MyIPO). The appliction for a patent must be directly presented in Malaysia and will cover the whole country. Inventions can only be patented if they are new, not obvious and have an industrial application. A patent expires after 15 years but it can be extended in certain cases.

In order to register a trademark, it is necessary to seek its registration from the Registrar of Trade Marks and to indicate a user of the brand in the country. As soon as the trademark is registered, it becomes protected and its use is continuous.

Regional Organizations
Malaysia is a signatory to the ASEAN framework agreement on cooperation regarding intellectual property.
International Membership
Member of the WIPO (World Intellectual Property Organization)
Signatory to the Paris Convention For the Protection of Intellectual Property
Membership to the TRIPS agreement - Trade-Related Aspects of Intellectual Property Rights (TRIPS)

National Regulation and International Agreements

Type of property and law Validity International Agreements Signed
Law on Patents 1983 (amended 1993)
20 years Patent Cooperation Treaty (PCT)
Law on Trademarks 1976 (amended 1994 and completed 1997)
Standards and regulations for trademarks 1983
10 years renewable without limit Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Law on designs and industrial models 1996
5 years renewable twice  
Law on copyright 1987
Either up to 50 years after the author's death or 50 years after the first publication or the creation of the work Berne convention
Industrial Models
Law on designs and industrial models 1996
5 years renewable twice  

Any Comments About This Content? Report It to Us.

Read more See less
Experts Views (1)
Post your content


Post content about Intellectual Property in Malaysia and you will be listed here to receive requests for offers.