About (IP)
The main function of this unit is to conduct IP awareness programs and initiatives for UiTM staff to ensure that inventions and works created by UiTM are duly protected under IP. This unit also functions to strengthen the IP management system so that the management of IP is efficient and effective.
This unit also acts as an information centre for general IP matters and the provider and keeper of University IP data for various University ranking purposes and monitoring agencies and other stakeholders. It also functions as a support system in the commercialisation process of UiTM innovations and technology.
This unit also acts as an information centre for general IP matters and the provider and keeper of University IP data for various University ranking purposes and monitoring agencies and other stakeholders. It also functions as a support system in the commercialisation process of UiTM innovations and technology.
About Copyright
Definition
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.
Work Eligible for Copyright
- Literary works
- Musical works
- Artistic works
- Films
- Sound recordings
- Broadcasts
- Derivative works
- Musical works
- Artistic works
- Films
- Sound recordings
- Broadcasts
- Derivative works
The Rights of Copyright Owner
- Legal Rights - Author, copyright owner and performer is given an
exclusive right to control under the copyright law. Legal rights that are
given to them includes the rights to enforce their copyrighted works in
cases for infringement either by civil or criminal action. In term of
criminal prosecution, it is conducted by the Enforcement Division of
Ministry of Domestic Trade, Cooperative and Consumerism (MTDCC) or
Royal Malaysian Police.
- Economic Rights - Economic rights that are given to right holders
includes rights of reproduction, rights of communication to public, rights
to perform, showing or playing to the public, rights of distribution and
rights of commercial rental. This rights can be exercised during the period
of protection governed under Copyright Act 1987. Economic rights allows
the owner of rights to derive financial reward from the use of his works
by the user or commercial purposes. Form of economic rights can be by
way of assignment, licensing and testamentary disposition.
- Moral Right
- Paternity Rights : This rights allows the author to claim the originality
rights of his or her creation.
- Integrity Rights : This right authorizes the author to prevent any users
from distortion, mutilation or other modifications of his or her works
whereby the result of the modification will significantly alter the original
work and adversely affect the author’s honor or reputation.
exclusive right to control under the copyright law. Legal rights that are
given to them includes the rights to enforce their copyrighted works in
cases for infringement either by civil or criminal action. In term of
criminal prosecution, it is conducted by the Enforcement Division of
Ministry of Domestic Trade, Cooperative and Consumerism (MTDCC) or
Royal Malaysian Police.
- Economic Rights - Economic rights that are given to right holders
includes rights of reproduction, rights of communication to public, rights
to perform, showing or playing to the public, rights of distribution and
rights of commercial rental. This rights can be exercised during the period
of protection governed under Copyright Act 1987. Economic rights allows
the owner of rights to derive financial reward from the use of his works
by the user or commercial purposes. Form of economic rights can be by
way of assignment, licensing and testamentary disposition.
- Moral Right
- Paternity Rights : This rights allows the author to claim the originality
rights of his or her creation.
- Integrity Rights : This right authorizes the author to prevent any users
from distortion, mutilation or other modifications of his or her works
whereby the result of the modification will significantly alter the original
work and adversely affect the author’s honor or reputation.
Duration of Copyright
- Literary, Musical or Artistic Works - Generally, this categories of
copyright work reflects to the human beings which shall subsist during the
life of the author plus 50 years after his death.
- Film, Sound Recordings and Performer - This categories of copyright
work shall subsist for 50 years from the work was published, fixed in a
fixation for the film and sound recording. For performer, the copyright work
shall subsist from the performances was perform or fixation in a sound
recording.
- Broadcasts - For the copyright in broadcasts, it protection occurred in
way of transmission either by wire or wireless means, the period for fifty
years shall be computed from the which the broadcasts was first made.
copyright work reflects to the human beings which shall subsist during the
life of the author plus 50 years after his death.
- Film, Sound Recordings and Performer - This categories of copyright
work shall subsist for 50 years from the work was published, fixed in a
fixation for the film and sound recording. For performer, the copyright work
shall subsist from the performances was perform or fixation in a sound
recording.
- Broadcasts - For the copyright in broadcasts, it protection occurred in
way of transmission either by wire or wireless means, the period for fifty
years shall be computed from the which the broadcasts was first made.
Copyright Infrigements
Whoever use any copyrighted works without consent or authorization from the author, copyright owner and performer, it may constitute an infringement under Copyright Act 1987. Amongst the act of infringement includes:
- Reproduces in any material form, performs, shows or plays or distributes
to the public
- Imports any article into Malaysia for the purpose of trade or
financial gains
- Makes for sale or rent any infringing copy
- Sells, rent or by way of trade, exposes or offers for sale or rent any
infringing copy
- Distributes infringing copies;
- Possesses, otherwise than for his private and domestic use,
any infringing copy
- Exhibits in public any infringing copy by way of trade
- Makes or has in his possession any contrivance used or intended to be
used for the purpose of making infringing copies
- Reproduces in any material form, performs, shows or plays or distributes
to the public
- Imports any article into Malaysia for the purpose of trade or
financial gains
- Makes for sale or rent any infringing copy
- Sells, rent or by way of trade, exposes or offers for sale or rent any
infringing copy
- Distributes infringing copies;
- Possesses, otherwise than for his private and domestic use,
any infringing copy
- Exhibits in public any infringing copy by way of trade
- Makes or has in his possession any contrivance used or intended to be
used for the purpose of making infringing copies
Patent /Utility Innovation
Definition
A patent is an exclusive right granted for an invention, which is product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent.
A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent.
Patentable Inventions
- New, which means that the invention has not been publicly disclosed in
any form, anywhere in the world
- Involve an inventive step, that is to say the invention must not be
obvious to someone with knowledge and experience in the technological
field of the invention
- Industrially applicable, meaning it can be mass produced.
any form, anywhere in the world
- Involve an inventive step, that is to say the invention must not be
obvious to someone with knowledge and experience in the technological
field of the invention
- Industrially applicable, meaning it can be mass produced.
Importance of Patent Registration
- To exploit the patented invention
- To assign or transmit the patent
- To conclude license contracts
- To assign or transmit the patent
- To conclude license contracts
Non-Patentable Inventions
- Discoveries, scientific theories and mathematical methods
- Plant or animal varieties or essentially biological processes for the
production of plants or animals, other than man-made living micro-
organisms, micro-biological processes and the products of such
microrganism processes
- Schemes, rules or methods for doing business, performing purely mental
acts or playing games
- Methods for the treatment of human or animal body by surgery or therapy,
and diagnostic methods practiced on the human or animal body
- Plant or animal varieties or essentially biological processes for the
production of plants or animals, other than man-made living micro-
organisms, micro-biological processes and the products of such
microrganism processes
- Schemes, rules or methods for doing business, performing purely mental
acts or playing games
- Methods for the treatment of human or animal body by surgery or therapy,
and diagnostic methods practiced on the human or animal body
Duration of Protection
- A patent is protected 20 years from the date of filing.
- A utility innovation is protected 10 + 5 + 5 years from the date of filing
subject to use.
- A utility innovation is protected 10 + 5 + 5 years from the date of filing
subject to use.
IndustrialDesign
Definition
An industrial design means features of shape, configuration, pattern or ornament applied to an article by any industrial process which in the finished article appeal to the eye and are judged by the eyes.
Registrable Industrial Design
- Fulfill the interpretation of Industrial design
- New in Malaysia or elsewhere
- Not contrary to public order or morality
- New in Malaysia or elsewhere
- Not contrary to public order or morality
Importance of Industrial Design Registration
Owner of a registered design has the exclusive right to make, import, sell or hire out any article to which the design has been applied.
Who May Apply
- Author
- Company
- Individual
- Company
- Individual
Non-Registrable Industrial Design
- A method or principle of construction
- The designs of articles depend upon the appearance of another article
which forms an integral part of the article
- It differs only in immaterial details or features
- The features of the article are dictated solely by functio
- The designs of articles depend upon the appearance of another article
which forms an integral part of the article
- It differs only in immaterial details or features
- The features of the article are dictated solely by functio
Period of Registration
- A registered industrial design is given an initial protection period of 5 years
from the date of filing.
- Extendable for a further four consecutive terms. The maximum protection
period is 25 years.
from the date of filing.
- Extendable for a further four consecutive terms. The maximum protection
period is 25 years.
AboutTrademark
Definition
Trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.
Functions of Trademark
- Origin – A trade mark helps to identify the source and those linked for the
products and services trade in the market.
- Choice – A trade mark assists consumers to choose goods and services
with ease.
- Quality – Consumers define a certain trade mark for its known quality.
- Marketing – Trade mark play a significant role in promoting. It’s
common for consumers to make purchases based on continuous effect
of advertising.
- Economic – Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.
products and services trade in the market.
- Choice – A trade mark assists consumers to choose goods and services
with ease.
- Quality – Consumers define a certain trade mark for its known quality.
- Marketing – Trade mark play a significant role in promoting. It’s
common for consumers to make purchases based on continuous effect
of advertising.
- Economic – Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.
Importance of Trade Mark Registration
Intellectual Proprietary privileges in relation to a trade mark may be established through actual use in the marketplace and registration provides for:
- Exclusive Rights – Registered trade marks owners have exclusive right to
use their marks in trading. They also have the rights to take legal action
for infringement under the Trade Mark Law against others who use their
marks without consent. They can either take civil action or lodge
complaints to Enforcement Division for appropriate actions under the Trade
Description Act 1972.
- Legal Evidence – Registration certificate issued by Registrar Office is a
prima facie evidence of trade mark ownership. A certificate of registration
serves as an important document to establish the ownership of goods
exported to other countries.
- Exclusive Rights – Registered trade marks owners have exclusive right to
use their marks in trading. They also have the rights to take legal action
for infringement under the Trade Mark Law against others who use their
marks without consent. They can either take civil action or lodge
complaints to Enforcement Division for appropriate actions under the Trade
Description Act 1972.
- Legal Evidence – Registration certificate issued by Registrar Office is a
prima facie evidence of trade mark ownership. A certificate of registration
serves as an important document to establish the ownership of goods
exported to other countries.
Non-Registrable Trade Mark
- Prohibited Marks
If the use of which is likely to confuse or deceive the public or contrary
to law.
- Scandalous or Offensive Matter
If it contains or comprises any scandalous or offensive matter or would not
otherwise be entitled to protection in any court of law.
- Prejudicial to the Interest or Security of the Nation
Registrar bears the responsibility of determining the trade mark, whether it
might be prejudicial to the interest or security of the nation. It may be
that a mark contains an inflammatory statement or words.
If the use of which is likely to confuse or deceive the public or contrary
to law.
- Scandalous or Offensive Matter
If it contains or comprises any scandalous or offensive matter or would not
otherwise be entitled to protection in any court of law.
- Prejudicial to the Interest or Security of the Nation
Registrar bears the responsibility of determining the trade mark, whether it
might be prejudicial to the interest or security of the nation. It may be
that a mark contains an inflammatory statement or words.
Duration of Registration
Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.
