Legal framework overview

Malaysia's IP legal framework comprises the following main statutes:

• Trade Marks Act (Trade Marks Act 2019, Act 815)

• Patents Act (Patents Act 1983, Act 291, amended 2022)

• Industrial Designs Act (Industrial Designs Act 1996, Act 552)

• Copyright Act (Copyright Act 1987, Act 332)

• Geographical Indications Act (Geographical Indications Act 2022)

Competent authority:

• MyIPO (Intellectual Property Corporation of Malaysia)

Malaysia is a member of WIPO, PCT, the Madrid System, the Paris Convention, the Hague Agreement, TRIPS and the ASEAN IP Network.

International cooperation and regional integration

• Malaysia is a member of WIPO, PCT, the Madrid System, the Hague Agreement, TRIPS and the Paris Convention;

• Actively participates in ASEAN IP cooperation (ASEAN IP Portal);

• Has established examination information-sharing and PPH cooperation with EUIPO, JPO, KIPO and USPTO;

• Implements the “IP Monetization Policy 2020–2030”, encouraging IP commercialisation and regional recognition.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with MyIPO;

• Alternatively, Malaysia may be designated (since 2019) under the Madrid System (Madrid Protocol).

Classification

• Applies the Nice Classification;

• Supports both single-class and multi-class applications.

Examination procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 6–8 months;

• Opposition period: any opposition must be filed within 2 months from the publication date.

Use and renewal

• Initial registration term is 10 years, renewable indefinitely;

• Continuous non-use for 3 years may lead to cancellation.

Examination features

• Examination language is English or Malay;

• Focuses on distinctiveness and conflicts with earlier rights;

• Non-traditional trade marks such as sound, scent, shape and position marks may be registered.

Patent system

Types and terms of protection

• Invention patent (Patent of Invention): protection for 20 years from the filing date;

• Utility Innovation: protection for 10 years from the filing date, renewable twice for 5 years each (maximum 20 years).

Examination mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 18 months from the filing date;

• Average examination time is around 24–36 months.

International routes

• Malaysia has been a PCT member state since 2006;

• PCT international applications may enter the national phase in Malaysia;

• Supports PPH fast-track examination programmes with the JPO, KIPO, EPO and others.

System features

• Examination language is English or Malay;

• Applies the “first-to-file” principle;

• Annual fees must be paid after grant to maintain patent rights;

• Patent examination is particularly strict in the pharmaceutical and biotechnology fields;

• Examination results are synchronised with WIPO PATENTSCOPE.

Industrial design protection

Legal basis

• Industrial Designs Act (Industrial Designs Act 1996, Act 552).

Scope of protection

• The external appearance of a product, including its shape, patterns, ornamentation, lines and colours;

• Applicable to both industrial and handicraft products.

Term of protection

• Protection runs for 5 years from the registration date and may be renewed four times for 5 years each, up to a maximum of 25 years.

Examination procedure

• Examination period is usually around 6–9 months;

• Examination language is English or Malay;

• Only formal examination is carried out; creativity is not assessed.

System features

• A single registration is valid nationwide;

• Multiple designs may be combined in a single application;

• Since 2021 Malaysia has been a member of the Hague Agreement, allowing international registrations to designate Malaysia;