Intellectual Property
Intellectual Property
Intellectual Property (IP) refers to the exclusive rights granted to creators to protect their inventions and innovations. UiTM, through the Dasar Harta Intelek UiTM (DHI UiTM) and the Business Innovation & Technology Commercialization Centre (BITCOM), plays a key role in managing the protection, commercialization and technology transfer related to the university’s intellectual property.
Intellectual Property (IP) can be categorized into:
✅ Patent – Protection for new inventions involving technical innovations.
✅ Copyright – Automatic protection for literary, artistic, musical works and software.
✅ Trademark – Symbols, logos, or brand names that distinguish products or services.
✅ Industrial Design – Protection for the shape or aesthetic pattern of a product.
✅ Geographical Indication – Products with unique characteristics based on their geographical origin.
✅ Trade Secret – Confidential information that provides a competitive advantage to its owner.
🎥 Introduction to Intellectual Property by MyIPO Video [Click to Watch]
📌Flowchart of Intellectual Property (Copyright) Application
📌Flowchart of Intellectual Property (Copyright) Fee Funding Application-KPK
Intellectual Property (IP) consists of several main categories that provide legal protection for creations and innovations. Each category plays a crucial role in safeguarding creators’ rights and enabling the commercialization of research outcomes.
Source from BITCOM: https://bitcom.uitm.edu.my/index.php/intellectual-property-ip/about
1. Copyright
Copyright is the exclusive right to control creative works created by the author, copyright owner and performer for a specific period governed under the Copyright Act 1987
Copyright is granted for various types of creative works, including:
✅ Literary works– Books, articles, journals, scripts and academic writings.
✅ Musical works – Songs, lyrics and musical compositions.
✅ Artistic works – Drawings, posters, photography, sculptures and design arts.
✅ Flims – Short films, documentaries, animations and other visual recordings.
✅ Sound recordings– Songs, speeches or recorded performances.
✅ Broadcasts – Television broadcasting, radio and digital streaming.
✅ Derivative works – New works adapted from original works, such as translations or summaries.
🎥The Rights of Copyright Owner
Copyright owners are granted three main types of rights:
Legal Rights
Author, copyright owner and performer is given an exclusive right to control under the copyright law.
Legal rights that are given to them includes the rights to enforce their copyrighted works in cases for infringement either by civil or criminal action.
In term of criminal prosecution, it is conducted by the Enforcement Division of Ministry of Domestic Trade, Cooperative and Consumerism (MTDCC) or Royal Malaysian Police.
Economic Rights
Economic rights that are given to right holders includes rights of reproduction, rights of communication to public, rights to perform, showing or playing to the public, rights of distribution and rights of commercial rental. This rights can be exercised during the period of protection governed under Copyright Act 1987.
Economic rights allows the owner of rights to derive financial reward from the use of his works by the user or commercial purposes. Form of economic rights can be by way of assignment, licensing and testamentary disposition.
Moral Rights
Paternity Rights : This rights allows the author to claim the originality rights of his or her creation.
Integrity Rights : This right authorizes the author to prevent any users from distortion, mutilation or other modifications of his or her works whereby the result of the modification will significantly alter the original work and adversely affect the author’s honor or reputation.
⏳Duration of Copyright
The duration of protection varies according to the type of work:
📌 Literary, Musical or Artistic Works - Life of the creator + 50 years after their passing.
📌 Films and Sound Recordings – 50 years from the date of publication.
📌 Broadcasts – 50 years from the date of first broadcast.
📌Published Editions – 50 years from the date of publication.
🚫Copyright Infringement
Whoever use any copyrighted works without consent or authorization from the author, copyright owner and performer, it may constitute an infringement under Copyright Act 1987.
🔴 Amongst the act of infringement includes:
❌ Reproduces in any material form, performs, shows or plays or distributes to the public
❌ Imports any article into Malaysia for the purpose of trade or financial gains
❌ Makes for sale or rent any infringing copy
❌ Sells, rent or by way of trade, exposes or offers for sale or rent any infringing copy
❌ Distributes infringing copies;
❌ Possesses, otherwise than for his private and domestic use, anyi nfringing copy
❌ Exhibits in public any infringing copy by way of trade
❌ Makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies
📌 Note: Copyright infringement may result in legal action, including fines and imprisonment.
2. Patent/Utility Innovation
A patent is an exclusive right granted for an invention, which is product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem.
Patentable inventions:
✅ New, which means that the invention has not been publicly disclosed in any form, anywhere in the world
✅ Involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention
✅ Industrially applicable, meaning it can be mass produced.
Duration of Protection
🔹 A patent is protected 20 years from the date of filing.
🔹 A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.
Examples of Patents:
📌 New water filtration technology
📌 Automated agricultural machinery
📌 Innovation in long-lasting battery design
An industrial design means features of shape, configuration, pattern or ornament applied to an article by any industrial process which in the finished article appeal to the eye and are judged by the eyes.
Characteristics of Industrial Design:
✅ The shape or pattern of a product that is new and visually appealing.
✅ Must not include technical or mechanical functions (these are protected by patents).
✅ Must not resemble existing designs in the market.
Period of Registration
🔹 5 years and renewable up to a maximum of 25 years.
Examples of Industrial Designs:
📌 Exclusive beverage bottle design
📌 Unique patterns on clothing fabric
📌 Innovative shape of electronic devices
Trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.
Characteristics of Trademark:
✅ Has unique elements and does not resemble existing trademarks.
✅ Used in commerce to represent the origin of a product or service.
✅ Must not mislead consumers or use generic names.
🔹 Protection Period:
10 years and renewable every 10 years indefinitely.
Examples of Trademarks:
📌 UiTM logo and name
📌 Corporate slogans of a company
📌 Special symbols for specific products