FAQ

Trademark

  1. What is a Trademark?

Trademark means any sign capable of being represented graphically which is capable of  distinguishing goods or services of one undertaking from those of other undertakings. Sign  includes  any  letter,  word,  name,  signature,  numeral,  device,  brand,  heading,  label,  ticket,  shape  of  goods  or  their  packaging, colour, sound, scent, hologram, positioning, sequence of  motion  or  any  combination  thereof.

A Trademark is used as a marketing tool to enable customers to choose a product or services in the market place.

  1. What are the functions of trademarks?
  • Origin Function – A trademark indicates the source of goods or services in the market place.
  • Choice Function – A trademark facilitates consumers in making choices of goods or services.
  • Quality Function – Consumers have preference to choose a particular trademark for its known quality.
  • Marketing Function – Trademark act as an effective medium of advertising for producer in marketing their goods or services.
  • Economic Function – A trademark which is well known with a quality or reputation may be licensed or assigned as an economic asset.
  1. What is the law governing trademarks?

Trademarks Act 2019 (Act 815)

  • Has been enforced on 27th December 2019. Applicable to all applications filed on 27th December onwards and to the existing registered trademarks.

Trade Marks Act 1976 (Act 175)

  • Applicable to all pending trademarks filed before 27th December 2019 until to the enforcement of Trademarks Act 2019.
Amending LawShort Title
Act A881Trade Mark (Amendment ) Act 1994
Act A1078Trade Mark (Amendment ) Act 2000
Act A1138Trade Mark (Amendment ) Act 2002

Trademarks Regulations 2019

Guidelines of Trademarks 2019

Guidelines of Trademarks (Transitional Matters) 2019

Trade Marks Regulations 1997

Amending LawShort Title
P.U.(A) 228/2001Trade Marks (Amendment) Regulations 2001
P.U.(A) 251/2007Trade Marks (Amendment) Regulations 2007
P.U.(A) 47/2011Trade Marks (Amendment) Regulations 2011

 

  1. Why is trademark registration important?
  • Exclusive Right – Registered trad mark owners are conferred exclusive right to use their marks in trade. They also have the right to take legal action for infringement under the Trademarks Act 2019 against others who use their marks without consent. They can also lodge complaints to the Enforcement Division of Ministry of Domestic Trade and Consumer Affairs (MDTCA) for appropriate actions under the Trade Descriptions Act 2011.
  • Registration Conclusive – Registration notice issued by the Registrar is conclusive evidence of trademark ownership in the court of law.
  1. Is trademark registration compulsory?

Registration of trademark is indeed important to obtain exclusive rights for purposes of exploitation and commencing infringement actions. However, registration is not compulsory.

  1. What happens if the trademark is not registered in an action for infringement?

    The owner cannot commence any action under the provisions of the Trademarks Act 2019. However, actions may be instituted under the common law principals whereby the trademark owner has a duty to convince the court that the infringing act had mislead the public and the infringing goods or services may be mistaken as his goods or services. This action is very contentious and costly.
  2. Who may file trademark applications?

Any person who is the owner of trademark using the trademark or proposes to use the trademark may apply for registration in Malaysia. The owner may be an individual, partnership, company or organization.

  1. When can an application for registration of a trademark be made?

An application for trademark may be filed at any time immaterial of the fact whether the trademark has been used, being used or proposed to be used.

  1. Are all trademarks registrable?

Not all trademarks are registrable. In general, in order for a trademark to be registrable it cannot contains words or representations prohibited under Section 23 and Section 24 of Trademarks Act 2019 and Regulation 4 of Trademark Regulations 2019.

  1. What are the filing requirements?

Filing requirements:

  • Complete Application For Registration Of Trademark form (model form is available-Fee code TMA2A-TMA2C) – 2 copies. One copy will be returned to customer for future reference.
  • The trademark size must not exceed 10 cm x 10 cm
  • The description of the trademark is required if the nature of the trademark is shape of goods, aspect of packaging, scent, hologram, positioning or sequence of motion.
  • For sound mark, the description and provide MP3 of the sound.
  • For colour mark, the description and the Pantone code (PMS) is required.
  • The translation is required for non -roman letters or non- national language or English.
  • The payment is RM950.00 (Fee code TMA2A) per class if the list of goods/services applied for is adopted from the pre-approved list of goods/services and RM1100.00 (Fee Code TMA2B) per class if the list of goods or services is not adopted from the pre- approved list.
  • If the trademark is in series, an additional fee of RM50.00 is applicable for the second and each subsequent trademark (Fee Code TMA2C). The maximum is 6 series.
  • The applicant may apply more than one class in single application (Multiple classes).
  • Payment is made either by cash/ cheque/ money order/bank draft/credit card and payable to “Perbadanan Harta Intelek Malaysia”.
  1. What is the total cost to file a trademark application?

The application can either be single or multiple class. The fee is RM 950.00 per class for pre-approved list of goods/services and RM1100.00 per class without pre-approved list. (click here for detail forms and fees)

  1. What is the purpose of preliminary advice and search by Registrar?

Before proceeding to file a trademark, it is highly advisable for the intended applicant to conduct a trademark search to avoid any refusal raised against an application which has been filed. Applicant may file an application together with payment of the prescribed fee to the Registrar for preliminary advice and search whether the trademark is prima facie a registrable trademark. The examination will be based on absolute and relative grounds.

  1. What is expedited examination (EE)?

Expedited examination is introduced to allow trademarks which comply with the Trademarks Act and Regulations to be registered within 6 months and 3 weeks upon filing the prescribed form and fee along with the reason. However, expedited examination not applicable for collective mark, certification mark and sign which are colour, sound, scent, hologram, positioning or sequence of motion.

  1. What are the reasons that allow to request for expedited examination?

Reasons for requesting expedited examination:

  • The request is in the national or public interest;
  • There are infringement proceedings taking place or evidence showing potential infringement in respect of the trademark applied for under regulation 35 (Application for registration);
  • Registration of the trademark is a condition to obtain monetary benefits from the Government or institutions recognised by the Registrar; or
  • There are other reasonable grounds which support the request.
  1. What are the main reasons for rejecting an application?

There are two broad grounds for rejection of trademark applications. These are “absolute grounds” and “relative grounds”.

  1. What is the duration of a trademark protection?

The period of protection is 10 years, renewable for a period of every 10 years thereafter.

  1. Does Malaysian registration for trademark give protection abroad?

No, trademark protection is territorial in nature. The owner has to seek registration in each country either via national route or Madrid route.

  1. How does one secure trademark protection abroad?

Malaysia has acceded to the Madrid Protocol, an international trademark registration system administered by the World Intellectual Property Organization (WIPO),and has come in to force on 27th December 2019. Hence, trademark owners in Malaysia can register their trademark through the Madrid system to get protection abroad.

By filing one international application through the Intellectual Property Corporation of Malaysia (MyIPO) in one language, and paying fees in one currency, a trademark owner can obtain protection in multiple member countries at a cheaper and easier cost without having to deal with each the country you want to explore.

  1. Is it necessary for an applicant to appoint a registered trademark agent for purposes of filing an application?

A local applicant may file a trademark application directly himself. A foreign applicant must file an application through a registered trademark agent.

  1. Who is a registered trademark agent?

A registered trademark agent may be an individual, firm or company who has been registered in the Register of Trademarks Agent. They are appointed by the applicants to act on their behalf in obtaining trademark registration.

** If you have any other question regarding trademark, please Contact Us.

Patent

1. What is patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a technical solution to a problem. A patent provides protection for a period of 20 years from the date of filing.

2. What is a utility innovation?

A utility innovation is an exclusive right granted for a ‘minor’ invention. Utility innovations are protected for an initial period of 10 years which may be extended for another two 5-year terms, providing a total protection period of 20 years.

3. What rights does patent owner have?

A patent owner has the right to use the patented invention, or may license to other parties to use the invention, or sell the right of the invention to someone else who will then become the new owner of the patent.

4. Is it possible to find out if the invention is new before the applicant applies for protection?

Yes. A search can be conducted at the Public Search Room, MyIPO or via internet access to Patent and Trade Mark Administration System (PANTAS) on earlier Malaysian patent documents.

5. Can the applicant get protection after the invention is made public before filing a patent application?

Yes, provided that the applicant files an application within 12 months of the disclosure.

6. What is the total cost to file a patent and utility innovation application?

The total cost for patent application – RM 1,390 (manual) and for utility innovation – RM1,240 (manual).

7. Where can the applicant seek assistance in preparing patent application?

The applicant could seek services from a registered patent agent for preparation of a patent application.

8. Are all applications treated as confidential?

Yes, all applications are confidential until after 18 months from the priority date or filing date of the application for the purpose of public inspection.

9. Can the applicant take a court action against an infringer while his application is still pending?

A court action cannot be taken while an application is still pending. Nevertheless, a court action can be taken as soon as the patent is granted. The protection of a patent commences from the date of filing.

10. What happens after the patent expires?

Once a patent expires, the owner no longer holds the exclusive rights to the invention.

11. How can an applicant get protection for his invention in other countries?

There are two ways in which an invention can be protected in other countries. An applicant can either apply directly to the relevant countries, or use the international patent application system (Patent Cooperation Treaty).

12. What is the Patent Cooperation Treaty (PCT)?

The PCT is an international treaty, administered by World Intellectual Property Organization (WIPO),with more than 135 Paris Convention member countries. The PCT facilitates the filing of an international patent application of an invention in other countries by filing a single application.

13. Where can an international patent application be filed?

An international patent application can be filed at MyIPO which acts as a Receiving Office (RO).

14. What are the costs for filing an international patent application?

There are three types of fees for filing an international application : (i) international filing fee; (ii) search fee; and (iii) transmittal fee. Applicant would have to pay only a single set of fees, payable in Malaysian Ringgit. (For details on PCT Fees, please refer to www.myipo.gov.my)

15. How long is the international patent application process before entering the national phase?

An international patent application takes about 18 months from the filing date to be processed, prior to that application entering into the national phase. The processing includes search conducted by the International Searching Authority (ISA) and publication of the search report by the International Bureau (WIPO).

16 What is an international search?

An international search is a high quality search of the relevant patent documents and other technical literatures. The ISA issues an international search report and a written opinion on the novelty of the invention.

17. What is an international publication?

An international publication is publication of the content of the international patent application to the world together with the international search report by WIPO, 18 months after the priority date.

18. What is an international preliminary examination?

An international preliminary examination is an examination on the patentability of an invention whereby a report on the patentability of the invention will be issued. The report provides a written opinion on the criteria for patentability of each claims whereby examination is carried out to evaluate the chances of obtaining patent protection.

19. When and how does an international patent application enter the national phase?

An applicant has to apply for entry into the national phase before the expiry of the 30 months period from the priority date. The applicant shall fulfill the requirements for entering the national phase such as paying the national entry fees and submitting a copy of the international application in English language.

20. What are the advantages of the PCT?

The PCT facilitates the filing of an international patent application of an invention in other countries by filing a single application whereby this filing system is cost effective.

** If you have any other question regarding patent, please contact us.

Patent Cooperation Treaty (PCT)

FILING OF AN INTERNATIONAL APPLICATION (PCT) :-
INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA (MYIPO) AS RECEIVING OFFICE

1.Can I file an international application in Malaysia ?
Yes, any Malaysian national or resident can file an international application in Malaysia at theIntellectual Property Corporation of Malaysia (MyIPO) as a receiving office.

2.What are the contents of the international application ?
An international application shall contain:
i.a request (Form PCT/RO/101)
ii.a description
iii.one or more claims,
iv.one or more drawings (if any)
v.and an abstract

3.What are the requirement to obtain an international filing date ?
The requirement to obtain an international filing date are as following :
a.The applicant must be a national or a resident of Malaysia,
b. The language of the international application must be in English,
c.The international application must contain:
i.an indication that it is intended as an international application,
ii.a request which has the effect of making all possible designation,
iii.the name of the applicant,
iv.a description of the invention,
v.a claim or claims

4.What are the fees payable ?
The following fees are payable for an international application filed at MyIPO:
a.Transmittal Fee (MyIPO)
b.International Filing Fee (International Bureau)
c.Search Fee (International Searching Authority)

5.Which International Searching Authorities can be specified/chosen by the applicant to conduct the international search for international application?
a.Korean Intellectual Property Office
b.Australian Patent Office
c.European Patent Office

6.Beside MyIPO, is there any other office where a Malaysian national or resident can file his international application?
A Malaysian national or resident can file his international application with the International Bureau of WIPO which acts as a receiving office for nationals and residents of all PCT Contracting States.

7.How can I file my international application (PCT) ?
PCT application can be filed directly to MyIPO or via postal delivery.

8.Where can I obtain additional information on PCT ?
For further information on PCT, you can visit this link.

** If you have any other question regarding PCT, please contact us.

Industrial Design

1. What is an industrial design?

An industrial design is the overall appearance of an article or a product. The design may consist of three dimension features such as the shape and configuration of an article, or two dimension features, such as pattern and ornamentation. The design features must be applied to an article by an industrial process or means of which, the features in the finished article gives it a unique appearance.

2. What is non-registrable design?

(i) It does not have a clear aesthetic appearance. (ii) It is a method or principle of construction. (iii) Designs features dictated solely by function. (iv) Integral parts which consist features that dependent upon the appearance of another article. (v) Differs only in immaterial details or in features commonly used in the relevant trade (trade variants). (vi) The designs those are contrary to public order or morality.

3. How to file an application for registration of an industrial design?

Requirement to file an application for registration: (i) A completed application form ID Form 1 in English or RBP 1 in Malay. (ii) Six set of representations of the article either photograph or drawing. (iii) A statement of novelty in respect of the industrial design to which the design is applied. However for registering wallpaper, lace or textile, the statement of novelty can be attach separately in the following page. (iv) Payment in full of the appropriate filing fee. (v) Statement justifying applicant’s right should be filed if the applicant is not an author.

4. When an application should be filed?

As claims are based on rules of ‘first to file’, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public. Prior disclosure will eliminate the novelty of the design. Extreme care should be exercised to ensure secrecy of the design.

5. Who can apply for design registration?

Only the owner of the design may apply to register the design. The owner may authorize an agent to file an application on his behalf. Where an applicant’s ordinary residence or principal place of business is outside Malaysia, the applicant shall appoint an agent registered in the Register of Industrial Designs Agent.

6. What is the duration for registering an industrial design?

An application will be registered within 8 months from the date on which a completed application form, documents and prescribed fees are received. The duration could be extended to 14 months due to non compliance of requirements such as incomplete documents and fees not paid.

7. What is the duration for protection?

A registered industrial design is given an initial protection period of 5 years from the date of filing and is extendable for a further four consecutive terms of 5 years each. The maximum protection period is 25 years.

8. What qualifies an industrial design for registration?

To be eligible for registration, an industrial design must be new at the date an application for registration is filed. A design is considered new only if it has not been made available or disclosed to the public in any way whatsoever in Malaysia or elsewhere (worldwide) before the filing date of application. It also should not be on the record of the Industrial Design Register.

9. What rights does a registered design confer?

The owner of a registered design has the exclusive right to make, import or sell or hire out any article to which the design has been applied. Other users should obtain the consent of the rightful owner before using the design. The owner of a registered design has the right to take legal action against an infringer within 5 years from the act of infringement.

10. How to claim priority date of an earlier foreign application?

The applicant needs to make the claim when filing the application where the date of priority and country should be stated. Priority date should be claimed within 6 months from the foreign filing. Priority documents and their translations should be furnished as evidence.

11. What can be done if someone made copies or infringed my industrial design?

The owner of a registered industrial design has the rights to take legal action. A registration certificate issued by the Industrial Design Registry is recognized by the Court as evidence of ownership. The owner can take legal action pursuant to the Industrial Design Act 1996 or under the Trade Description Act 1972.

12. When will an Industrial Design be manufacture or sell?

At anytime time after the application has been filed. Applicants may also exploit their industrial design in the foreign markets. However they would have to obtained protection in relevant countries.

13. Are registered designs made public?

Registered designs are open to public inspection and details of the registration are recorded in the Register of Industrial Designs and published in the IP Official Journal.

14. Does one have to register an industrial design to get a protection?

Under industrial designs law, there is no protection without registration. An industrial design need to be registered to be eligible for protection. The owner of a registered industrial design has the exclusive rights over his industrial design.

15. How extensive is industrial design protection?

An industrial design registered in Malaysia is only protected in Malaysia. In order to have your design protected in other countries who are members of the Paris Convention and to claim priority in Malaysia, application for registration will have to be filed within 6 months from the date of filing in Malaysia.

16. Where should I file my application?

Applications may be filed at:

Headquarter
Intellectual Property Corporation of Malaysia (MyIPO)
Unit 1-7, Ground Floor, Menara UOA Bangsar,
No. 5 Jalan Bangsar Utama 1,
59000 Kuala Lumpur
Tel: +603-2299 8400
Fax: +603-2299 8989

Sabah Office
Intellectual Property Corporation of Malaysia
6th Floor, Blok C,
49, Jalan Karamunsing,
Bangunan KWSP
PO BOX 8068
88999 Kota Kinabalu, Sabah.

Phone Number : +6088 254 524
Fax Number : +6088 257 046

Sarawak Office:
Intellectual Property Corporation of Malaysia
Lot 9936, (Sub Lot 5),3rd Floor, Queen’s Court,
93000 Kuching, Sarawak.

Phone Number : +6082 459 075/ +6082 459 076
Fax Number : +6082 455 052

** If you have any other question regarding industrial designs, please contact:

NameEmail (@myipo.gov.my)Phone No
Mr. Mohd Faiizudin Mohd Sharujifaiizudin03-2299 8415
Ms. Teh Norleza Zakariateh03-2299 8860

Geographical Indication

1) What is Geographical Indication?

Geographical Indications Act 2000 defines geographical indication as an indication which identifies any goods as originating in a country or territory, or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin.

2) Does Malaysia have product that qualifies to be registered under Geographical Indications Act 2000?

Malaysia has a number of goods that can be registered as geographical indications. These goods have been commercially exploited at local and international market for example ‘Sarawak Pepper’, which is a pepper-based product produce in Sarawak. This pepper has gained reputation and recognition at international level due to the quality of the pepper. In addition, ‘Sabah Tea’, ‘Tenom Coffee’, ‘Borneo Virgin Coconut Oil’ and ‘Sabah Seaweed’ are the registered geographical indication goods in Malaysia. These four geographical indications are from Sabah.

3) Does geographical indication applicable only to an agricultural product?

Geographical indication is not limited to agricultural product. It can also be used on natural product such as Langkawi Gamat and any product of handicraft like Terengganu Songket, Kelantan Batek and food products such as Papar Belacan and Kelantan Budu.

4) Does registration of geographical indication compulsory?

Registration of geographical indication is not compulsory. However, registration of geographical indication is encouraged to protect the interest of producer and consumer. The registered proprietor of geographical indication has the exclusive rights to exploit the geographical indication and gains recognition at domestic and international level.

5) Can individual register a geographical indication?

Registration of geographical indication is based on an affiliation ownership concept for the producers who are carrying on an activity in that specified geographical area and not an individual ownership concept. Geographical indication can also be registered by the competent authority such as local authority, government agency, statutory body; and trade organization or association.

6) What is the difference between geographical indication products and product without geographical indication?

The quality of the geographical indication goods and its unique characteristic are influence by the place of origin where the goods are originated or manufactured. The geographical indication goods with an assurance quality and has good reputation will become well known worldwide and acceptable in the market. However, goods without quality and unique characteristic that related to the place of origin are not recognized as a geographical indication goods. Due to the above reason, it is clear that the differences between geographical indication goods and other goods are based on quality, reputation and other characteristic attributable from the place of origin.

7) What is the duration of protection of geographical indication?

A registered geographical indication is protected for ten years from the date of filing and is renewable for every ten years as long as it is still in use.

8) What is the scope of protection of a geographical indication in Malaysia?

Geographical indication’s protection in Malaysia is territorial. To seek protection in other countries, application must be filed with the respective countries.

9) What is the difference between geographical indication and trade mark?

Trade marks is a mark which distinguishes the goods and services of one trader from those of another. It gives its owner the right to exclude others from using the trade marks. On the other hand, a geographical indication indicates where the goods are produced and has characteristics that are attributable to the place of the geographical origin. In addition, the geographical indication goods may have different trade marks amongst the traders as long as the geographical indication goods produce by the registered proprietor of geographical indication.

10) What action can an aggrieved party commence in the event a geographical indication has been falsely represented to the public?

Any aggrieved party may file an action in the High Court (Intellctual Property).

** If you have any other question regarding geographical indication, please contact us.

Copyright

1.    What is copyright?
Copyright is the exclusive right given by law for a determinable time period to the
author of the work to control the use of the work in Malaysia.

2.    Which Act governs the protection of copyright in Malaysia?
Copyright protection is governed by the Copyright Act 1987.

3.    What works get copyright protection?
The following works are protected:-

(i)    Literary works;
(ii)    Musical works;
(iii)    Artistic works;
(iv)    Films;
(v)    Sounds recordings;
(vi)    Broadcasts; and
(vii)    Derivative works.

4.    Does Malaysia have a registration system for copyright?
There is no registration for copyright in Malaysia. The work is protected automatically upon creation.

5.    What are the ways to prove ownership of copyright?
To prove ownership of copyright, the owner can either:-

(i)    Make a Statutory Declaration in accordance with the Statutory Declaration Act 1960; or
(ii)   Self address the work in a sealed envelope.

6.    What are the qualifications for protection of copyright?

(i)    Sufficient effort has been expanded to make the work original in character;
(ii)    The work has been written down, recorded or otherwise reduced into material form;
(iii)    The author is a qualified person; and
(iv)    The work is made in Malaysia or the work is first published in Malaysia.

7.    How owns copyright?
Ownership of copyright is dependent on the following:-

(i)    The work is produced under a contract of service;
– Copyright is owned by the employer.

(ii)    The work is produced under a contract for service;
– Copyright is owned by the author.

(iii)    Commissioned work
– Copyright is owned by the person who commissioned the work.

8.    Can copyright be transferred?
Copyright is transferable by assignment, testamentary disposition and by operation of law.

9.    Other than the commercial right of the owner and author of the work, what other right is given to the author
of the work?
The Copyright Act 1987 grants moral right to the author of the works.

10.  What types of moral right are given by the Act?

Two type of moral right are given:-
(i)    The right of paternity; and
(ii)    The right of integrity.

11.  What right can be utilized by the owner of copyright for infringement of moral right?
The owner can sue inter alia for statutory damages and injunction.

12.  What is the duration for copyright protection?

(i)    For literary, music and artistic works, copyright subsist during the life of the author and 50 years after the death;
(ii)    For sounds recording, films and broadcasts, copyright subsist 50 years from the year following the publication
of the work; and
(iii)    For published edition, copyright subsist 50 years from the year following the year of edition was first published.

13.  What are the exclusive rights of the owner?
The copyright owner has the exclusive right to control the whole or substantial part of the work especially:-

(i)    The reproduction in any material form (including making photocopies, recording and others);
(ii)    The communication to the public;
(iii)    The performance, showing or playing to the public;
(iv)    The distribution of copies to the public by sale or other transfer pf ownership; and
(v)    The commercial rental to the public.

14.  What acts amount to infringement of copyright?
The copyright in a work infringed when a person, not being owner of the copyright, and without license
from the owner, does or authorizes any of the following acts:-

(i)    Reproduced in any material form, performs, shows or plays or distributes to the public.
(ii)    Communicates by cable or broadcast of the whole works or a substantial part thereof either in its original or
derivative form;
(iii)    Import any article into Malaysia for the purpose of trade or financial gains;
(iv)    Make for sale or hire any infringing copy;
(v)    Sells, lets for hire or by way of trade, exposes of offers for sale or hire any infringing copy;
(vi)    Distributes infringing copies;
(vii)    Possesses, otherwise then for his private and domestic use, any infringing copy;
(viii)    By way of trade, exhibits in public any infringing copy;
(ix)    Imports into Malaysia, otherwise than for his private and domestic use, an infringing copy;
(x)    Make or has in his possession any contrivance used or intended to be used for the purpose of making
infringing copy; or
(xi)    Causes the work to be performed in public.

15.  What are the exceptions to the exclusive right granted by the Copyright Act 1987 to the user of the work?
Usage of the work by way of fair dealing for the following purpose accompanied by an acknowledgement of the
title of the work and authorship is allowed:-
(i)    non-profit research;
(ii)    private study; and
(iii)    Review or the reporting of current event.

16.  Who is responsible for enforcement of copyright?
The Minister of Domestic Trade, Cooperative and Consumerism (Enforcement Division) and The Royal Malaysia
Police are responsible for enforcement of the law.

17.  What is Collective Management Organisation (CMO)?
A Collective Management Organisation (CMO) is a body empowered by the owner to collect payment/ royalty on
behalf of the copyright owner.

18. Does the Government of Malaysia recognize these Collective Management Organisation (CMO)?
These Collective Management Organisation (CMO) are recognized by the Government of Malaysia.

19.  What is the right given by the Collective Management Organisation (CMO) to the parties applying for a license?
The Collective Management Organisation (CMO) can grant a license to play the copyright work in public to
the applicant.

20.  What dose the Collective Management Organisation (CMO) do with the royalty collected?
The royalty is distributed by the society to the copyright owner each year.

21.  Does the Government determine the rate of the royalty collected by the Collective Management Organisation
(CMO)?

The government does not control or is government involved in determining the rate. It is determined contractually
between the owner and the Collective Management Organisation (CMO).

22.  Why is the Government not involved?
Copyright is a private right belonging to the right holder.

23.  If there is a dispute between the owner and the Collective Management Organisation (CMO),where are the
avenues available to the owner?

The dispute can be settled via assistance from the Copyright Tribunal.

24. What is meant by performance right?
Performers’ rights are right granted to those taking part in a live public performance.

25. What is the duration of protection for performers right?
Protection is granted for a period of 50 years from the date of the performance.

26. What are the qualifications for protection performers?
Performers right shall subsist in every live performance of which the performer is:-
(i)    A citizen or permanent resident of Malaysia; or
(ii)    Not a citizen or permanent resident of Malaysia but whose performance:-
•    Takes place in Malaysia;
•    Is incorporated in sound recording that are protected under this Act: or
•    Has not been fixed in a sound recoding but is included in a broadcast qualifying for protection under this Act.

** If you have any other question regarding copyright, please contact us:

Please contact us at ipmalaysia @ myipo.gov.my