This page provides practical information to help you make the most of your IP when doing business in Malaysia.
If you plan to do business in Malaysia, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British businesses looking for access to intellectual property advice and support should contact our South East Asia attaché team, based in the High Commission in Singapore.
The Intellectual Property Corporation of Malaysia (MyIPO) is the body responsible for operating the patent, industrial design, trade mark and copyright system in Malaysia.
Trade marks
The Malaysian trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’ products or services. A trade mark is valid for 10 years, then may be renewed indefinitely for further 10-year periods
To apply for a trade mark registration in Malaysia you can:
- Apply online via MyIPO.
- Make an international trade mark application and select Malaysia as a designated country. More information on international trade marks can be found in the protecting your trade mark abroad page.
Good to know
There are no restrictions regarding nationality or residency for trade mark applications however, an address in Malaysia must be provided in your application.
Patents
Like in the UK, patents for inventions can be protected for up to 20 years in Malaysia. Malaysia also provides protection for utility models for up to 20 years. Utility models are sometimes called “mini-patents” and require a lower level of inventiveness All patent rights in Malaysia are subject to the payment of annual fees after they’ve been granted.
To protect your invention with a patent or utility innovation in Malaysia you can:
- File an application directly to MyIPO.
- File an international patent application and select Malaysia as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the protecting your patents abroad page.
- File an ASEAN application via the ASEAN Patent Examination Co-operation (ASPEC). This can reduce the cost and effort of applying for patents in multiple ASEAN countries.
Good to know
Malaysia operates a ‘first to file’ principle. If 2 people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. Malaysia does operate a grace period where you can register a patent within 12 months of any public disclosure.
You can file a patent yourself in Malaysia, but it is recommended that you seek advice from an IP professional.
Designs
In Malaysia, design protection initially lasts for 5 years and can be extended for 5 consecutive periods i.e protection can last for a maximum of 25 years.
To protect your design in Malaysia you can:
- File an application directly to MyIPO.
- File an international design application and select Malaysia as a designated country. This can reduce the cost and effort of applying for designs in multiple countries. More information on international designs can be found in the protecting your designs abroad page.
Good to know
Malaysia operates a ‘first to file’ principle. If 2 people apply for an identical design, the first one to file the application will be awarded the protection. Malaysia does operate grace period where you can register a design within 6 months of any public disclosure.
Copyright
As in the UK, copyright is an automatic right under Malaysian law however you can voluntarily register your copyright which can be helpful for enforcing your rights.
Copyright in Malaysia protects creative works that are original and expressed in a tangible form, for example, recorded on tape or written down.
The length of protection varies but generally lasts for 50 years following the author’s death.
Enforcing your rights
IP infringement can be a concern for business in Malaysia. If your IP rights are infringed, there are 3 main avenues to consider: civil litigation, criminal prosecution, and customs seizures, however mediation via legal professionals is often an effective and lower cost option.
Civil litigation can be used for copyright and trade mark infringements which usually results in award of damages and/or injunctions. Criminal action can be started by lodging complaints with MyIPO which can be effective and result in seizures and/or prosecution.
There is no system available for registering IP with customs however you can apply to the Registrar of Trade Marks to invoke a seizure however this will need to be followed by civil litigation.
More information
For specific support on IP enforcement, we have developed a manual including details on the laws and regulations as well as the IP enforcement procedures in Malaysia here
Market access barriers including those relating to IP can be reported.
UK ASEAN Business Council (UKABC) provides awareness on the latest opportunities in the region and facilitates trade and investment content delivery for UK companies looking to expand their operations into markets across Southeast Asia including Malaysia.
British Chamber of Commerce in Malaysia provide a variety of business advice, services and support to businesses operating in country.
UK applicants must appoint a registered Malaysian IP lawyer to complete the registration.
https://www.gov.uk/guidance/ip-in-malaysia
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.