Intellectual Property
Trademark, Copyright, Industrial Design, Patent, Ligitation and etc.
A Trade Marks is used as a marketing tool to enable customers in recognizing or distinguishing the product/ services of a particular trader.
A trade mark can be any letters, words, names, signatures, numerals, devices, brands, labels, tickets, shapes, colours, sound, scent, hologram, positioning, sequence of motion or any combination thereof. The scope of a trade mark registration is determined by the goods or services in relation to which the trade mark is registered. There are a total of 34 Classes of Goods (Class No. 01 to 34) and 11 Classes of Services (Class No. 35 to 45).
The registration is valid 10 years from the date of first filing and protection may be renewed under provisions of the Trademark Law for successive periods of 10 years each.
MADRID PROTOCOL System is available in Malaysia. It has 106 members which covering 122 countries designated in Asia, Asia Pacific, Europe, North American Africa and Middle East. It is a system providing international trademark registration.
Copyright
Copyright is the exclusive right to control creative works created by the author, copyright owner and performer for a specific period governed under the Copyright Act 1987. Copyright protects works likes novels, software programs, plays, sheet music and paintings. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work. These rights enable him to control the commercial exploitation of his work. The control of use of the work will be extended by an additional 20 years. The term of copyright protection will be increased to the ”life of the author” plus 70 years or 70 years after first publication, broadcast or performance. Works which are eligible for Copyright inclusive literature works, artistic, musical works, film, sound recording, broadcasting and Publication.
Industrial Design
An industrial design is the ornamental or aesthetic aspect of an article. A design refers to the three-dimensional features such as the shape and configuration of an article, or two-dimensional features such as shape, configuration, pattern or ornament applied to an article by an industrial process. Designs may be protected through registration. A registered design gives the owner the right to control the use of his design. Upon registration, a registered design lasts for an initial period of 5 years. Thereafter, the registration may renew for every 5 years up to a maximum of 25 years.
Patent
A patent is a monopoly right given by the Patent Office to the owner of an invention to enable him to prevent others from using, copying or making the invention without his consent in the country in which he has obtained patent protection or assign or transmit the patent and to conclude license contracts. A patentable invention can be a product or a process that gives a new technical solution to a problem. In exchange for full disclosure of the invention, the patent office will grant the owner of the invention, a monopoly right for 20 years for patent and 15+5+5 years for utility innovation.
PCT – The International Patent System
By filing one international patent application within Malaysia as a receiving office under PCT system. The applicant can simultaneously seek protection for an invention in a large number of countries and the PCT now has 153 contracting countries in Asia, Asia Pacific, Europe, North America, Africa and Middle East.
Litigation of Intellectual Property Matter
DLAWIP litigation attorneys provide client with IP enforcement, protection and strategic counselling on a global scale. We successfully handle trademark, industrial design and patent infringement as well as copyright action suits.