At-a-glance:
Intellectual Corporation of Malaysia
Unit 1-7, Ground Floor, Menara UOA Bangsar, No. 5, Jalan Bangsar Utama 1, 59000 Kuala Lumpur, Malaysia
Tel: +603 2299 8400
Fax: +603 2299 8989
Email: ipmalaysia@myipo.gov.my
Website: www.myipo.gov.my
Changes...
[more]
At-a-glance:
Intellectual Corporation of Malaysia
Unit 1-7, Ground Floor, Menara UOA Bangsar, No. 5, Jalan Bangsar Utama 1, 59000 Kuala Lumpur, Malaysia
Tel: +603 2299 8400
Fax: +603 2299 8989
Email:
ipmalaysia@myipo.gov.my
Website:
www.myipo.gov.my
Changes are afoot in Malaysian IP law, with a series of amendments being discussed and proposed. "A quest for global standards is in progress," comments a practitioner. Another legal professional advises caution: "These amendment efforts are commendable. Though seeing that the IP law is still developing, we should move at a gradual pace and must take up these changes only when ready."
The proposed amendments to the Copyright Act have stemmed from growing concerns about balancing the rights of stakeholders, clarifying the role of collecting societies, the limitations and exceptions to the liability of internet service providers, the power of the copyright tribunal, and overall internet and technology development. A lawyer notes that the changes should "better protect and clarify owners' rights". One particularly controversial change is the introduction of landlord liability, which created uproar among business and real estate associations, who made their objections known regarding the possible detrimental effect this provision will have on foreign direct investment.
A draft parliamentary bill for the new Designs Act 2010 has been released. This bill proposes changes in statutory definitions, term of protection, process of administration and provisions of infringement. A prominent practitioner notes: "These changes are indicative of an effort to streamline and a change to global, particularly EU, standards."
"The Trade Marks Act paves the way for Madrid," comments a market observer. "The impact is a mixed bag," explains a lawyer: "The Madrid Protocol may not be as beneficial for small and medium enterprises in the country." Proposed amendments include the presumption of registrability, which involves a simplification of examination process so that applicants no longer bear the burden of making a positive case for registration, a fast-track registration and an update of processes of administration, the recognition of non-traditional marks, an international registration system, which is related to the Madrid Protocol, provisions for remedies for infringement, and a clarification on responsibilities regarding border measures, which includes matters relating to Customs. Most practitioners have revised their projections for the adoption of the Madrid Protocol by a few more years, with 2013 to 2014 regarded as most likely.
"The Patents Act has been due for improvement for the past decade. These changes are long overdue," notes a lawyer. Among these proposed developments, substantial changes include an expedited examination process, a revision of the patent term, increasing the scope of protection by adopting global standards, a provision for third-party observations and new provisions for enforcement and a clarification on definitions of infringement.
Practising lawyers agree that the legal process has been greatly improved. "Cases are going faster. The judges have key performance indicators now and this shows the rate we're going through our backlog," comments a professional. On the registry side, an "upturn" is noted, with the IP office moving to a new location and the training of new officers for hearings being regarded as "great news".
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