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What types of IP can you register?
In Malaysia, you can protect your IP with a trade mark, patent, design right or PBR.
What to consider
Before applying, make sure you:
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Understand what's considered a trade mark in Malaysia and if your trade mark is eligible for protection
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Consider whether you should apply for a trade mark in Australia first
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Know the cost of applying for a trademark in Malaysia and through the Madrid System
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in Malaysia. An IP professional can help you with this.
How to apply
There are two ways to apply for a trade mark in Malaysia:
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Directly to the Intellectual Property Corporation of Malaysia (MyIPO)
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Through the Madrid System.
What to consider
Before applying, make sure you:
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Understand what's considered a patent is in Malaysia and if your idea is eligible for protection
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Consider whether you should apply for a patent in Australia first
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been published. An IP professional can help you with this.
How to apply
There are 2 ways to apply for a patent in Malaysia:
- Directly to the Intellectual Property Corporation of Malaysia (MyIPO)
- If you have a provisional application, you'll need to file within 12 months to secure your priority date.
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Through the Patent Cooperation Treaty (PCT)
- If you have an international application, you can apply to MyIPO and convert this into a Malaysian patent application. This is called 'entering the national phase'.
What to consider
Before applying, make sure you:
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Understand what's considered a design right is in Malaysia and if your design is eligible for protection
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Consider whether you should file your design right application in Australia first
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design hasn't already been protected in Malaysia. An IP professional can help you with this.
How to apply
To register a design right in Malaysia, apply directly to the Intellectual Property Corporation of Malaysia (MyIPO).
What to consider
Before applying, make sure you:
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Understand what's considered a PBR in Malaysia and if your plant variety is eligible for protection
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Consider whether you should apply for a PBR in Australia first
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Know the cost of registering a PBR in Malaysia
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Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been protected in Malaysia. An IP professional can help you with this.
How to apply
To register a PBR in the Malaysia, apply directly to the Department of Agriculture (DOA).
What other IP can you register?
Malaysia also administers IP rights for copyright, integrated circuit layouts and geographical indications.
As in Australia, copyright in Malaysia arises automatically when creative material is made. However, Malaysia also operates a system where copyright can be registered with the Intellectual Property Corporation of Malaysia (MyIPO).
Integrated circuit layouts
MyIPO is responsible for registering integrated circuit layouts in Malaysia.
Geographical indications
MyIPO is also responsible for registering geographical indications in Malaysia.
What has protection without registration?
Trade secrets
There's no formal application or registration process for trade secrets in Malaysia.
Further guidance
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To learn more about intellectual property in Malaysia, visit MyIPO.
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To find out more about Malaysia's World Intellectual Property Organization (WIPO) membership, check out Malaysia's WIPO member page.
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If you're considering exporting to Malaysia, the Export Council of Australia provides information on licensing, clearances, access to finance and trade agreements.
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For information about Malaysia's export market and economy, you can check Austrade and DFAT's profiles on Malaysia.