Interlectual Property (IP)
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Part 1 Intellectual Property (IP) in the Creative Industry of Malaysia
Intellectual Property (IP) in the Creative Industry of Malaysia
Intellectual Property (IP) is a crucial aspect of the creative industry in Malaysia, providing a framework for the protection and commercialisation of creative works. The IP system in Malaysia is administered by the Intellectual Property Corporation of Malaysia (MyIPO), an agency under the Ministry of Domestic Trade and Consumer Affairs. Forms of Intellectual Property Protection in Malaysia Intellectual property protection in Malaysia comprises:
Forms of Intellectual Property Protection in Malaysia
- Patents
- Trademarks
- Industrial designs
- Copyright
- Geographical indications
- Layout designs of integrated circuits
Types of Intellectual Property Protection
1. Patents
- Protect inventions, including new processes, machines, or improvements of existing ones.
- In the creative industry, this could include innovative technologies used in film production or new methods of creating art.
- Protect symbols, logos, or names that distinguish goods or services of one enterprise from others.
- For creative businesses, a unique and recognisable trademark can be a valuable asset, contributing to the brand’s identity and reputation.
- Protect the aesthetic aspects of a product, including its shape, pattern, or colour.
- This is particularly relevant for product designers and fashion designers who create unique and visually appealing designs.
- Protects literary and artistic works, including books, music, films, and paintings.
- This is perhaps the most relevant form of IP for the creative industry, as it directly protects the rights of artists, writers, musicians, and filmmakers.
- Protect products that have a specific geographical origin and possess qualities or a reputation due to that origin.
- This can be relevant for certain sectors of the creative industry, such as craft businesses that produce traditional or region-specific goods.
- Protect the three-dimensional configuration of electronic circuits in integrated circuit products or layout-design products.
- While this form of IP may not be directly relevant to many creative businesses, it is important for those involved in the design and production of electronic devices.
Malaysia’s Commitment to International IP Standards
- The World Intellectual Property Organisation (WIPO)
- A signatory to the Paris Convention and Berne Convention governing IP rights
- A signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organisation (WTO)
IP as a Tool for SME Growth and Financing
- Various stakeholders and key players in the industry
- Lenders and financial institutions
Conclusion
- Protect their work
- Build their brand
- Secure their financial future
Intellectual Property (IP) is a crucial aspect of the creative industry in Malaysia, providing a framework for the protection and commercialisation of creative works.
The IP system in Malaysia is administered by the Intellectual Property Corporation of Malaysia (MyIPO), an agency under the Ministry of Domestic Trade and Consumer Affairs.
Intellectual property protection in Malaysia comprises:
These forms of IP are essential for the creative industry, as they protect the rights of creators and innovators, ensuring that they can benefit from their work.
Malaysia is a member of:
These international agreements ensure that Malaysia’s IP laws conform to international standards and provide adequate protection to both local and foreign investors.
As part of the Government’s overall strategy to improve and boost the competitiveness of local SMEs, MyIPO has been working with:
Their goal is to expand financial and loan products by allowing SMEs to use their IP rights as collateral to secure lending.
IP is a vital part of the creative industry in Malaysia, providing a framework for protecting and commercialising creative works.
By understanding and effectively utilising IP rights, creative businesses can:
_______________________________________________________________________________________________________Part 2 Intellectual Property (IP) Laws in the Creative Industry
Intellectual Property (IP) Laws in the Creative Industry
- Patents
- Copyrights
- Trademarks
- Trade secrets
1. Patents
Case Study: Apple Inc. vs. Samsung Electronics
- In 2011, Apple sued Samsung, alleging that Samsung had infringed on Apple's patents related to smartphone technology, including the iPhone's design and functionality.
- The litigation culminated in 2018, with Samsung agreeing to pay Apple $539 million.
2. Copyrights
- Literature
- Music
- Films
- Software
- The life of the author plus 70 years
- 95 years from publication for corporate works
- Reproduce
- Distribute
- Perform
- Display their works
- In 2015, the estate of Marvin Gaye sued Robin Thicke and Pharrell Williams, claiming that their hit song "Blurred Lines" copied elements from Gaye’s 1977 song "Got to Give It Up".
- The court ruled in favor of Gaye's estate, awarding them $5.3 million in damages.
3. Trademarks
- Trademark protection can last indefinitely as long as the mark is in use and properly maintained.
- In 2016, Starbucks filed a lawsuit against a small coffee shop named "Starbarks" in Thailand, claiming trademark infringement.
- Starbucks argued that the name and logo were confusingly similar to its own trademark.
- The court ruled in favor of Starbucks.
4. Trade Secrets
- Formulas
- Practices
- Processes
- Designs
- Instruments
- In 2011, DuPont sued Kolon Industries for allegedly stealing trade secrets related to the production of Kevlar, a high-strength fiber used in body armor.
- The court ruled in favor of DuPont, awarding them $919.9 million, later increased by an additional $275 million in punitive damages.
Conclusion
- Patents encourage technological innovation
- Copyrights safeguard artistic works
- Trademarks protect brand identity
- Trade secrets maintain competitive advantages
✅ Innovation
✅ Fair competition
Intellectual property (IP) laws are fundamental in protecting the rights of creators and innovators within the creative industry.
These laws include:
Each offers distinct types of protection tailored to different aspects of creative work and business practices.
Patents grant inventors exclusive rights to their new inventions, allowing them to make, use, and sell the invention for a specified period, usually 20 years from the filing date.
This exclusivity encourages innovation by providing a temporary monopoly to recoup research and development investments.
📌 This case underscores the significance of patents in protecting technological innovations and their critical role in the competitive dynamics of the tech industry.
Copyrights protect original works of authorship, such as:
Copyright protection lasts for:
Copyright grants creators exclusive rights to:
📌 This case illustrates the power of copyright law in protecting musical compositions and other artistic creations from infringement.
Trademarks protect symbols, names, and slogans used to identify goods or services, helping consumers distinguish between different brands.
📌 This case demonstrates the importance of trademarks in maintaining brand identity and preventing consumer confusion.
Trade secrets encompass confidential business information that provides a competitive edge, such as:
Protection lasts as long as the information remains secret and efforts are made to keep it confidential.
📌 This case highlights the critical role of trade secret protection in safeguarding proprietary technologies and business practices.
Each type of IP protection serves a unique function within the creative industry:
These legal protections foster:
Ensuring that creators and businesses can benefit from their intellectual contributions.