Apr 3, 2014

Professional Study

Types of Legislation Affecting Designers

What is Patent ? 
  • Patent is a set of exclusive rights granted by a government to an inventor or his assignee for a limited period of time in the invention. An invention is a solution to the problem of technology and product or process. 
What is Utility Innovation ?
  • The utility model is an exclusive right granted for an invention, which allows the holder the right to prevent others from commercially using the protected invention, without his permission, for a limited time period. The utility model is similar to the patent. In fact, utility models are sometimes referred to as "small patent" or "innovation patents." 
Who May Apply ?
  • Any person may apply for a patent or utility renew together, alone or together with others. The word "person" is not limited to natural persons and includes the way as an example of a company.
How can a patent or utility innovation be protected ?
  • An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of the Patents Act 1983.
Why Protect an Invention ?
  • A patent or utility innovation protection gives the owner of the patent and utility innovation the exclusive right to stop others from making, using or selling the invention without the consent of the owner in Malaysia or permission of the owner himself.
Term of protection
  • A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.
Where to Apply?
  • An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia (MyIPO), in Kuala Lumpur or at one of the branch offices located in Sabah and Sarawak.
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WHAT IS A TRADE MARK?
  • A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these.
  • A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.  
FUNCTIONS OF TRADE MARK
  • Origin Function - A trade mark helps to identify the source and those responsible for the products and services sold in the market.  
  •  Choice Function - A trade mark enables consumers to choose goods and services with ease while shopping.  
  • Quality Function - Consumers choose a particular trade mark for its known quality.  
  • Marketing Function - Trade marks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising.  
  •  Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.


REFERENCE : http://www.myipo.gov.my/paten

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