Copyright in Malaysia

Copyright in Malaysia

Copyright in Malaysia is based on the Copyright Act 1987, copy refers to a reproduction of a work in written form, in the form of a recording or fill, or in any other material form. Copyright is one form of the intellectual property which is the legal right given to the copyright’s owner for a specific time period. All the copyrights are registered and protected under Copyright Act 1987.

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What can be protected by copyright?

Books (traditional or digital), scripts, music, pictures, videos, source codes for software, manuals/guidebooks, university journals, and other kinds of creative works or materials have special intangible rights attached to them. These rights, known as “copyrights”, are owned by the people who create the work – authors, producers, photographers, musicians, songwriters, artists and such – who can choose to do anything and everything they wish with their exclusive rights.

 

Copyright protects the expression of the author’s artistic and literary works and is also related to the exclusive right to prepare derivative works and to perform and display the work. Subject to the provisions of the Copyright Act 1987, artistic, literary and musical works, films, sounds recordings and broadcasts are eligible for copyright protection.

The only criteria for a creative work to be eligible for copyright is that there must have been sufficient effort applied or put into the work to make the work original and the work must be reduced to material form (so the work can be “seen” or “heard” by others). Works are eligible for copyright regardless of the quality of the work and the purpose for which they were created.

 

How is copyright protected in Malaysia?

Although copyright is a non-registrable right (i.e., cannot be registered) in Malaysia and enjoys automatic protection, ownership of copyright is difficult to establish. As such, proper documentation can be prepared to prove ownership. Copyright owners can claim ownership by way of a Statutory Declaration or by filing a Voluntary Notification at the Intellectual Property Corporation of Malaysia (MyIPO).

 

Is my copyright recognized overseas?

Malaysia is a signatory of the Berne Convention and therefore, copyrighted work created in Malaysia would be recognized by each contracting member country of the Berne Convention.

 

From a local perspective, this means that works created in Malaysia are eligible for copyright not only in Malaysia but also in the member countries of the Berne Convention around the world, including the European Union, the United States, Australia, New Zealand, Japan, China, Korea, etc. However, different regional of the county may have their own regulation. It is better to filing a Voluntary Notification in the country respectively.

 

What rights do copyright owners have?

The owners of copyrights have the right to prevent other parties from reproducing their work or any substantial parts of their work in any material form, unless authorized by them. As the translation, adaptation and transformation of their work and applications thereof can also be prevented, owners of copyright essentially have broad rights to their pieces of work and these rights can be exploited in many profitable ways.

 

How long does copyright protection last?

Copyright terms differ from country to country. In Singapore, US and the EU countries for instance, copyright lasts for the life of the author plus 70 years.

Copyright in Malaysia is slightly different. In Malaysia, copyright in literary, musical and artistic works subsists during the life of the creator and continues 50 years after his/her death. This means that the estate of the deceased author, artist or designer can benefit from the copyright for a further 50 years. Copyright in literary, musical or artistic works is released into the public domain once the duration of the copyright expires.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

Overview of Trademark Opposition

Overview of Trademark Opposition

Trademark Opposition (Trademark Objection) is a legal proceeding, available in most jurisdictions, in which a party seeks to prevent a pending application for a mark from being granted registration. Although the specific grounds for bringing an opposition vary by jurisdiction, typically, a party that believes it will be damaged by the resulting registration may oppose an application for that mark. Often, the trademark opposition procedure is triggered by official publication of an application in its pre-grant stage in a government journal, gazette or bulletin.

TRADEMARK opposition

Trademark opposition rules establish an opposition period, usually ranging from one to three months after publication, in which a party’s trademark opposition must be formally entered. In a minority of jurisdictions, the trademark opposition period occurs after the issuance of a registration; this is also known as post-grant opposition. In some jurisdictions, however, no opposition is available, and cancellation after registration is an opponent’s only option.

 

A formal decision to uphold or dismiss the opposition, thereby refusing or granting the registration, usually is issued in writing. Settlement agreements, involving amendment of the goods or services of the opposed application, withdrawal of the trademark opposition and restrictions on use of the mark, are commonplace; in such cases there is no decision on the trademark opposition. Typically, the losing party in a trademark opposition proceeding can appeal an adverse decision to a higher authority within the trademark office or registry or to a court.

 

Absolute Grounds and Relative Grounds In An opposition

An opponent (the plaintiff) can raise either absolute or relative grounds in a trademark opposition proceeding. Under absolute grounds, the opponent can claim one or more of the grounds listed below. Alternatively, under relative grounds, the opponent makes a claim of prior rights in the trademark, examples of which are listed below.

 

The most frequently raised grounds for opposition are as follows:

a) Absolute Grounds

-Descriptiveness; Geographically deceptive misdescriptives

– Genericness; Functionality

-Bad faith; Fraud

 

b) Relative Grounds

– Priority; Likelihood of confusion

– Bad faith

– Business name/domain name/trade name use

– Well-known/famous mark

Most jurisdictions provide similar grounds for trademark opposition; however, there are some important exceptions.

 

Defenses to an opposition

Priority of use and no likelihood of confusion are common defenses to a trademark opposition based on likelihood of confusion. Defenses to a trademark opposition based on another ground depend on the evidence submitted by the parties and the law of the applicable tribunal. Equitable defenses, such as laches, estoppel and acquiescence, may be available in some jurisdictions. In the United States, such defenses are available, but they may have limited value because the Trademark Office has jurisdiction only over the registrability of marks, not over their actual use.

 

Contact us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours Hong Kong hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my

Australia Trademark Registration

Australia Trademark Registration

Australia trademark registration can be obtained for words, logo, numerals, slogan, device and more. It is provides legal right of exclusivity for use of the mark to the owner of the trademark. Australia trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in Australia.

Australia Trademark Registration

Australia Trademark Search

Before filling an Australia trademark to the official trademark office for registration, we strongly suggest having a thorough search conducted. Due to processes of search conducted, you will know the chances of successful registration in a matter. We will conduct a comprehensive search of the records held in the 'trademark registry' by the government office, and report to you on any trademarks found to be identical or deceptively similar to yours.

 

Unlike business or company name registration, it can sometimes be difficult to register your trademark if a similar mark is already in place. From comprehensive report can advise you of options to overcome difficulties. We will also advise you on matters, other than conflicting trademarks, that may cause problems or difficulty in registering your mark.

 

Filing an Australia Trademark Application

Once the search is finalized, or if you choose not to have a search conducted, we can file an Australia Trademark application with the government office on your behalf. It is at this stage, we must specify which of the 45 classes we are applying under. A fee is charged per class or category required. A class is essentially a category of goods or services. For example, if your trademark is to identify a clothing label, then only one class would be required. However, if the trademark was also the name of your shop then an additional class would be required.

 

Australia Trademark Examination

Once filed, the government office will send a letter out within two weeks, to acknowledge the application as filed and to allocate your official trademark number. This number remains for the entire life span of your trademark.

 

The government office will then ‘examine’ your trademark application. This is to ensure that it complies with the rules and regulations of trademark registration, and to ensure there are no other issues that should prevent registration. The results of this examination will mirror those provided by our office at the search stage, in nearly all cases. The examination conducted by the government office will take approximately four months, at which time they will forward either an ‘acceptance letter’, or an ‘adverse report’.

 

If your trademark is accepted, your trademark will be advertised in the Official Journal of Trademarks on a date specified at the time of acceptance. Once advertised, a formal ‘opposition period’ will follow. An opposition period is for three months and means that any third party can file an official objection against your trademark becoming registered.

 

If the government office issues an examination report, it means that a problem, of some description, has been found. If this is a minor issue, we will attend to it on your behalf and report to you accordingly. However, if it is a bigger issue, such as a similar mark has been found, or the trademark has been deemed generic, we will need further information from you, in most cases, before responding the report.

 

Australia Trademark Protection

Once your mark has been accepted, and presuming no third party objects to your registration during the standard three month opposition period, your trademark will become registered for a period of ten years from the date of filing.

 

Contact us
If you have further queries, please contact Tannet
Malaysia hotline603-21418908;
Email: mytannet@gmail.com
TANNET GROUP: www.tannet.com.my

Malaysia Trademark Transfer

Trademark transfer is the act of the trademark registrant transferring the exclusive right to use the trademark to the other party within the validity period of the registered trademark. Trademark transfers generally have these forms: contract transfer, subsequent transfers, and assignments due to administrative orders.

Documents Required for Trademark Transfer

  • Power of Attorney
  • Application Form for Transferring / Registered Trademarks;
  • Identification documents of the transferor and the transferee;
  •  Trademarks Transfer Agreement;
  • Copy of the trademark certificate

Time for Trademark Transfer

1-2 months to issue a notice of acceptance of the transfer 6-9months to issue a transfer approval certificate

 

 

Madrid Trademark Application

Madrid Trademark Application

Madrid trademark application is apply under Madrid System. The Madrid system (officially the Madrid system for the international registration of marks) is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. The Madrid System was established in 1891 and it is applied to the Madrid Agreement and the Madrid Protocol. This System is managed by the World Intellectual Property Organization in Geneva, Switzerland.

 

Madrid Trademark Application

 

To be entitled to use the Madrid System, you must first have a connection with one of its members (known as “Contracting Parties”). This connection will determine your Office of origin (national/regional intellectual property office). You must submit your international application through this Office of origin.

 

Madrid trademark application Requirements

To meet the entitlement requirement, you must:

  • have a business (i.e., a real and effective industrial or commercial establishment) in a Contracting Party, or
  • be domiciled in a Contracting Party, or
  • be a national of a Contracting Party

For example, if you are a national of, or have a business in China, your connection will be with China (a member of the Madrid System) and you must file your international application through China’s Intellectual Property (IP) Office.

If you have a connection with several members (for example, you may be a national of Mexico living in the United States of America), you can choose any one of these members to file your international application.

 

Basic Madrid Trademark Application/ Registration (“Basic Mark”)

If you have the necessary connection to a Madrid System member (as outlined above), you must have either applied for or obtained a mark with the IP Office of that member (i.e., your Office of origin). A basic mark is required before can you file an international application for your mark through the same Office (your Office of origin).

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline:603-21418908;
24 hours Hong Kong hotline:852-27837818;
24 hours Hong Kong hotline:86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my

The Secret Ingredients to a Successful Branding Strategy

The Secret Ingredients to a Successful Branding Strategy

When it comes to branding, there’s no easy recipe for success. Branding is an imperfect science that boils down to constant change — based on where you are, where you want to be and, most importantly, what the market is doing.

 

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For example, just look at Nike. The athletic apparel giant has been able to succeed for generations because it’s constantly changing to meet market needs. When the company started in 1964, most people couldn't have even dreamed of the Internet. And Michael Jordan was a toddler. But, as the years passed, Nike geared up to compete.


Imagine the outcome had Nike drawn its signature "swoosh," then sat back and said, “We’re good for this generation.” The swoosh would be dead and buried at this point.

So, the lesson is clear: If you want your brand to last more than a few months, you should emulate Nike. At the core of this essential strategy is communication. Branding, after all, is a feeling that founders convey to staff, and the staff conveys to consumers.

And the key ingredient in this recipe? Consistent communication. 

So, while there isn't a single recipe for brand success, communication is what will help you create and sustain your company’s image. Here are five tips to get you started:

1. Discover your story.
Once you find your story, tell it repeatedly, in a unique voice through different mediums. Nike has been doing this since the ’70s. Its swoosh logo hasn’t changed, nor has its signature “Just Do It” slogan, but the brand is constantly adjusting its messaging to stay relevant. Even Nike sub-brands have their own Facebook pages, to run specific promotions.

This strategy doesn’t work just on glamorous products, though. When paper-converting company Oren International embraced its history and rebranded its website, conversion rates on its ebook increased dramatically.

2. Get the scoop on your customers.
Find out what your current and potential customers think of you, and use that as a launching pad. You’ll need to have a brand that retains current customers and attracts ideal customers. Thanks to the amount of data available today, you can quickly discover the latest trends about your brand and its allies.

Pepsi, for example, has changed its logo, and even its name, over the years, but the soft drink company has remained relevant by catering to customers. During the Great Depression, Pepsi branded itself as the cheaper, tastier version of Coca-Cola. And in the ’50s, the brand targeted the untapped African-American audience.

3. Shout your message from the rooftops.
Once you know how customers perceive your brand, you’ll need to discover their preferred communication channels — whether that means YouTube, ads at transportation hubs or B2B publications. Use those channels to broadcast your brand. And don’t forget about mobile. The use of mobile for search increased from 25 percent in 2012 to 42 percent in 2014. If your branding isn’t mobile-friendly, you’ll lose out big time.

4. Counter your competitors.
Analyze your rivals’ weaknesses, and brand your business with a different value proposition. Some great ways to spy on your competitors include strategies as simple as reading local newspapers, trolling social media and visiting their websites or stores.

5. Walk the walk.
The most important component of successful communication is authenticity. Make sure your company culture and your intentions match your brand because when customers interact with your business, their expectations must be met. This holds true for ads, personal contacts and your social pages.

Even though there isn’t a single recipe for successful branding, that doesn’t mean you can’t come up with the perfect concoction for your business. All you have to do is remain agile — constantly moving in line with market tastes and emerging channels.

With consistent communication that portrays your company authentically, your image will stand the test of time.