Intellectual Property Right ( Malaysia & United States)
Assignment Question
Protection for intellectual property right in this region has always been a concern. Discuss to what extent intellectual property right is protected in Malaysia. Students are required to do a comparison between Malaysian and a developed country where intellectual property right is well protected.
Possible Solution
Executive summary
Intellectual property right is very important for innovation. The way people create goods and ideas are reshaping the economy hence making this innovation the center of economic activities . The effort in which countries protect intellectual property will go a long way to determine how they perform in economic environment and countries where intellectual property is not respected and protected creates increased monopoly, poverty and slow innovation .
The report is carried out to examine intellectual property right in Malaysia with relation to a developed country where IPR is well protected which is United States.
The report draws attention of the history ,types, objective of intellectual property and the common types of intellectual property right were discussed which include copy right, patent and trademarks.
The high rate of intellectual property right infringement in Malaysia and also other developing countries is alarming and critical ,products such as movies, music's, software and video recordings fall under this category as the highly affected items due to the lack of sufficient intellectual property rights protection which cause increased illegal duplication of the products .
With the increase in technology new tools like CD and pen drive also the internet has made duplication easy and effortless .
The report discusses the scope ,trade and technical policy measures and works which are eligible for protection in Malaysia including evidence of copyright protection .
The research report include a comparison between Malaysia and US Intellectual property right ,it was recommended that copy right protection is not an obstacle and it's a vital component which helps motivates innovations and creative activity of product authors hence providing the public with good ,creative and innovative products .
Intellectual Property right should be encouraged by all countries as this will help in creating innovate products hence removing fear of duplication of their innovative works.
1.0 Introduction
Industries deeply concerned about the development of intellectual property which include software, entertainment , pharmaceuticals and multimedia are most affected by lack of insufficient intellectual property protection .
Intellectual property protection remains a challenge and causes a global issues among developing ,developed and under developed countries.
International community agreed on common enforcement and rules which governs intellectual property right establishing World Trade Organizations(WTO) ,also establishing new copyright norms in world intellectual property organization internet treaties allowing for copyright in digital age. United states and other developed countries have urged developing countries to live up to their responsibilities and implement the necessary legislation with regards to protecting intellectual rights.
Malaysia is a member of (WIPO) World Intellectual Property Organization and also a signatory to the agreement on Trade Related Aspects of intellectual property rights(TRIPS) the most popular intellectual property protection in Malaysia includes copyrights, trademarks, industrial designs and patent.
The report includes information about the trademark, patent and copyright law in Malaysia and also comparison of Malaysia Intellectual property right to United states.
The Malaysia intellectual law has been reviewed by (TRIPS) councils and it conforms with international standards.
2.0 Intellectual Property
Intellectual property is the legal concept which covers all aspect of one's creations where exclusive rights is recognized.
Intellectual property right is outlined as securing the fields of copyright, patents, industrial design and trademarks (Marett, 1997). copyright relates with many sorts of product, as well as literary works (printed and electronic), creative works (paintings, sculptures), dramatic works, sound recordings, music, television and radio broadcasts.
In several cases the creator of a particular work depend on revenues from their work. Intellectual property law help guarantee exclusive rights to authors and creators to a variety of assets which include discoveries ,artistic works musical, literary and inventions.
2.1 Brief History of Intellectual Property
Intellectual property dates back to as far as 1867 when North German confederation was founded and which its constitution paves way for legislative power over protection of intellectual property. (Verfassung 1867)
The administrative secretariats established by Paris convention in 1883 merged with Berne convention in 1893 adopting the term intellectual property in their title United International Bureau for protection of intellectual property.
The organization was succeeded in 1967 by treaty with the creation of WIPO( World intellectual property organization) which is an agency of United Nations.
Intellectual property began to be used in the 19th century and many legal principles that governs intellectual property has evolved significantly ,the late 20th century see the term intellectual property common in many countries in the world.
The Statute of Monopolies and British Statute of Anne (1710) are seen as origins of patent law and copyright law.
2.2 Types of Intellectual Property Rights
There are four main types of intellectual property rights which can help in protecting a person invention or creation . They include patent, copyright, trademark , and design. Other types of IPR may include trade dress and trade secrets.
2.2.1 Patents
Patent protects the processes and features used to make a product work. it grants a creator rights to refrain others from creating ,using ,offering or selling a particular invention for period in time.
This help make inventors profit from their creation .
2.2.2 Copy Right
Copyrights gives inventor originality exclusive rights most commonly for a limited period in time .Copy right does not cover information or ideas but can be used for wide range of intellectual ,creative and artistic works .
2.2.3 Industrial designs
Industrial design rights protects the design of objects which include the visual such as shape ,logo and other elements which make up the design of the product. It consist of shape creation, composition ,color or combination of patterns and color.
2.2.4 Trademarks
Trademarks can simply be referred to sign ,design , logos ,words ,or expression which assist in distinguishing products or services of a particular person from similar products of the other . It helps significantly in distinguishing goods and services in a market place.
2.3 Objective of Intellectual Property
One of the main objective of intellectual property right is in promoting progress by allowing for limited exclusive rights for disclosure of creative works and inventions. Through this process the society and the creators significantly benefits from it and also an incentive is created for inventors to create and disclose their products.
The objective of intellectual right legislators help to support the implementation and support of absolute protection of intellectual properties .This allow for creators to have sufficient incentive to invent since they will be able to successfully capture social value of their inventions.
(Lemley 2005)
Some objectives of intellectual property are explained below
• Financial Incentive -The rights of the inventors or owners of intellectual property to benefit from their product financially . In 2013 US trademark and patent office claimed that intellectual property is worth more than US$ 5 trillion and create job for about 18 million Americans.
• Morality - Article 27 of Universal declaration of human rights states that Everyone has the right to protection of material and moral interest as a result of scientific research ,artistic work or literary that he or she authored (UN ,1990). Intellectual property rights allow for inventors to be recognised and enjoy the benefits of their creation.
• Economic Growth - WIPO give reasons for intellectual property law which include giving statutory acknowledgement to the economic and moral rights of inventors and rights to public access of their invention and also to promote creativity by application of its result in encouraging fair trading which will in turn contribute positively to economic and social growth. The WIPO treaty is also premised on the notion that protecting intellectual property rights is vital to economic growth. ( Brassell 2013)
3.0 Malaysia Intellectual Property Law
Malaysian Government launched the National intellectual Property Policy (NIPP), on April 27 2007, by broadcasting its intention to the world in supporting and protecting intellectual property(IP) which will serve as a new direction towards growth also enhancing the country economic development and social stability which is crucial in achieving vision 2020 targeted at nationwide growth. The Policies of NIPP in Malaysia is aimed at protecting the rights of patents, trademarks, industrial design, copyright ,layout design of integrated circuits and geographical indications.
As of 2013, Intellectual property law in Malaysia was amended to 25 years of ownership right from previous 15 years, so that it will create more confidence among inventors and also protecting their work from piracy.
Malaysia is currently a member of the World Intellectual Property Organization (WIPO) due to the facts that intellectual property right is recognized by the government and respected among people in the country.
Malaysia is also a signatory to the Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) agreeing to provide adequate protection to both local and foreign investors.
3.1 Trade Mark Law Malaysia
In 1976 Malaysia first Trade MARK Act was enacted it was moderated following the United Kingdom Act 1938 which allow the country to protect both local and foreign register trademark companies and industries. Once a trade mark is registered, no enterprise or person or groups will be allowed to use them other than the authorized or original inventor. The Act is created to prevent or avoid infringement of their end products, goods and services.
Intellectual property law also protect the right of owners to their registered trademarks unless they allow other to use their trademarks . The protection period of trademarks right is10 (ten) years and it is renewable for another 10 (ten) years.
Introduction of more security interest created a proper channel for provision and presenting of creation, recording, also enforcement of the trade marks by filing a memorandum with MyIPO. The improvement created a well-respected confidence among trademarks owners and intellectual property in general.
