Intellectual Property

Abstract: This paper has specifically focused on the Intellectual Property Corporation of
Malaysia (Act 2002), concept, definition, patent, policy of intellectual property in Malaysia.
Intellectual property is a most important for private , government, individual or any creator of
something that call the owner of the creates things whether it is articles, journal, pictures, audio
or any kind of things that can be considered as records or documents. Somehow, the records
are not wrong if the creator are enable their intellect thing to be use but must have the
appropriate citation or cited the creator as a reference not taking their idea without mentioned
their creator. The ethic of the user also has to be considered.
Keywords: Intellectual Property Corporation of Malaysia (Act 2002), concept, definition, patent,
policy, intellectual property, ethic

INTRODUCTION
In todays information and technology environment, ethics is the most important behavior to the
user who are using someone works. The properly citation and appropriate cited are needed in
order to make the originality works of creator are used to be as reference. According to World
Intellectual Property Organization, intellectual property refers to creations of the mind: invention;
literary and artistic works; and symbols, names, images used in commerce. Intellectual property
is divided into two categories:
1) Industrial Property includes patents for inventions, trademarks, industrial designs and
geographical indications.
2) Copyright cover literary works such as novels, poems and plays, films, music, artistic
works such as drawings, paintings, photographs and sculptures and architectural design.
There are related to the copyright including the performing artist in their performances,
the producers of phonograms in their recording and broadcaster in their radio and
television programs.

METHODOLOGY
In completing this term paper internet searching based on the articles produce by well-known
articles owner such as WIPO, Law of Malaysia Act 167, Henry Goh & Co. Sdn. Bhd. In gaining
and collecting the information about intellectual property our group review these articles to find
the meaning of intellectual property, patent, trademark, policy and act that related to the
intellectual property.

DEFINITIONS AND CONCEPTS OF INTELLECTUAL PROPERTY

Intellectual property rights are also like other property right. They allow creator or owner of the
property of patents, trademarks or copyright works to benefits from their own work creativity.
The intellectual property system helps to strike the balancing between the interests of
innovators and public interest by providing and environment in which creativity and invention
can give benefit for all. The important of IP was first recognized at Paris Convention for the
Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary
and Artistic Works (1886). Both conventions are administered by the World Intellectual Property
Organization (WIPO).
According to WIPO a patent is the exclusive right granted for invention such as a product or
process that provides a new idea of creation something or a new technical solution to a
problem. A patent provides the patent owners with protection for their inventions, the protection
is granted for a limited period generally 20 years. Patent protection means an invention cannot
be commercially made, used, distributed or sold without patent owners permission. However, a
court can also declare a patent invalid upon the successful challenges by the third party. Patent
owner also can decide who may use or may not use the patented invention for period which it is
protected. The owner of the patent can give consent whether license to other parties to use their
idea on mutually agreed terms. It can be sell to someone else who then will becomes the new
owner of the patent. If the patent protection period are expires the owner no longer holds
exclusive rights to the invention and it will becomes available for commercial.
Trademark can be describes a word that always use to represent something. Trademark is a
sign that identifies certain goods or services provided by an individual or company such as
AirAsia and the trademark is Now everyone can fly. However it also evolved into todays
system of trademark registration and protection. It can help the consumer to identify and

purchase a product of service based on the specific characteristics and quality, as indicated by
its unique trademark. For example the trademark that use by AirAsia are well recognize
because it shows the company product which is, airlines organization. Trademark protection
ensures that the owner of idea have the exclusive right to use them to recognize good or
services, or to authorize other to use them in return payment. Trademark protection is legally
force by courts that the most system has the authority to stop trademark infringement.
According to Law of Malaysia Act 617, Intellectual Property Corporation of Malaysia Act 2002,
this Act to establish the Intellectual Property Corporation of Malaysia and to provide for its
functions and powers and for matters connected therewith.
1. (1) This Act may be cited as the Intellectual Property Corporation of Malaysia Act 2002.
(2) This Act comes into operation on a date to be appointed by Minister, by notification in
the Gazette, and the Minister may appoint different provisions of this Act.
Interpretation
2. In this Act, unless the context otherwise requires this Act includes any subsidiary
legislation made under this Act; prescribed, where no manner of prescribing is
provided, means prescribed from time to time by rules, regulations or orders published
in the Gazette; rights means all rights, powers, privileges and immunities, whether
actual, contingent or prospective; committee means any committee established under
section 19; Director General means the Director General of the Corporation appointed
under section 11; Fund means the Fund established under section 29; liabilities
means liabilities, debts, charges, duties and obligations of every description whether
present or future, actual or contingent, and whether payable or to be observed or
performed in Malaysia or elsewhere; Minister means the Minister for the time being
responsible for intellectual property; Registrar means the Registrar of Trade Marks, the
Registrar of Patents, the Registrar of Industrial Designs and the Registrar of
Geographical Indications under the relevant Intellectual Property Legislation; Controller
means the Controller of Copyright appointed under subsection 5(1) of the Copyright Act
1987 [Act 332]; Chairman means the Chairman appointed under section 6;
Corporation means the Intellectual Property Corporation of Malaysia established under
section 3; Intellectual Property Legislation means the legislation specified in the First
Schedule; record includes record stored or recorded by means of a computer; vesting
date means the date on which properties, rights and liabilities specified by the Minister
in the order under subsection 4(1) to which the Government of Malaysia, the Registrar or
Controller under the relevant Intellectual Property Legislations, was entitled or subject to,
are transferred to and vested in the Corporation;........

The concept of Intellectual property

According to WIPO intellectual property has a broadly meaning. By the way the means of
intellectual property definition is the legal rights which result from the intellectual activity whether
in the industrial, scientific, literary and artistic fields. Each country has laws to protect intellectual
property including Malaysia. Laws that protect intellectual property for two main reasons:
1) To give statutory expression to the moral and economic rights of creators in their
creators in their creations and the rights of public access to those creations.
2) To promote as a deliberate act of government policy, creativity and the dissemination
and application of its results and to encourage fair trading which would contribute to
economic and social development.
The Convention Establishing the World Intellectual Property Organization (WIPO) in Stockholm
on July 14th,1967 (Article 2(viii)) provides that intellectual property shall include rights relating to

Table 1: Intellectual Property concept

Literary, artistic and scientific
works,

Performances of performing
artists, phonograms and
broadcasts

Inventions in all fields of

human endeavor
Trademarks, service marks

Scientific discoveries

Industrial designs

and commercial names and

designations

Protection against unfair

competition

Challenges in Protecting Intellectual Property

There are two common challenges in protecting intellectual property.
1.1

Resistance to change attitudes and behaviors

Social networking sites are a good thing and have many advantages. In accordance with the
current situation in which it can help facilitate users to make their daily operations, enabling
users to communicate with people far away, to share information and so on. Social networking

sites are not just limited to some people but it is a global scale in which practically all the world's
people use it. Social networking sites are in virtual pages that are only accessible by certain
gadgets such as computers, phones, tablets, and other well but it must have internet network.
Nowadays people frequently use Facebook, LinkedIn, Instagram, Vine, Tumblr, and Twitter to
communicate with families, friend and relatives. Because of too much information to
communicate, it will be a problem when people use it illegally. According to the cases that faced
by Young Director of KL Gangster which are Syamsul Yusof, his own movie is showed before
the release date. This will make their own movie has been stolen and duplicated by someone that
might close with him. This cases is related to the study because it indicates that people attitudes
is depend on their awareness which is in good way or bad way. The spread of computing and the
Internet have made it difficult to apply traditional intellectual property laws. Despite popular
belief, just because it's easy to distribute information using the Internet does not mean that it's
right to do so.
1.2

Technology dependency affect intellectual property protection

The contemporary of internet technology challenges traditional regimens for protecting

individual privacy and intellectual property. In widely information system as more individual and
organization, data storage and data analysis technology enable to easily gather personal data
about individuals from many different sources and analyze these data to create detailed electronic
profiles about individuals and their behaviors. The activities of Web site visitors can be closely
tracked using cookies and other Web monitoring tools. Unfortunately, not all Web sites have
strong privacy protection policies, and they do not always allow for informed consent regarding
the use of personal information. Lack awareness of people also encourage problem in defending
rights on their own property. The government is tightening privacy protection laws. However,
copyright law is not sufficient to protect traditional pirated software because digital material can
be copied so easily. With the sophistication of Internet technology, it is difficult for intellectual
property to be protected. This is because digital materials can be easily copied and sent too many
different locations at the same time via the Internet. The website can be built easily using pieces
of content from other sites without permission.

2.0

Recommendations to Address the Challenges in Protecting Intellectual Property

In response to these challenges, several recommendations are proposed as follows:

2.1

Top management strategy

(Explanation on recommendation, problem solving 20 marks)

3.0

Conclusion

 (Concluding the issues, comments on findings, efforts 5

marks)

4.0

References

Abdul Halim Ahmad. (2008, March 11). Deputy Director of Research and Planning Division.
Personal Interview. Jabatan Perkhidmatan Awam, Putrajaya, Kuala Lumpur.
Alavi, M., & Leidner, D. E. (1999). Knowledge management systems: Issues, challenges and
benefits. Communications of the AIS, 1 (7), 1999, 350-372.