Social and ethical issues Intellectual property Rights, Ethics
Legal rights to which the creator of intellectual property ‐ original creative works‐ are entitled
– Who has the right to use, perform, or display the creative work
– What legally can be done with that work
– How long the creator retains right to the property
– And other related restrictions
There are 3 main types of intellectual property rights
Copyright is the exclusive right given to the owner of a
copyright for a specific period. Copyright protection in
Malaysia is governed by the Copyright Act 1987. There
is no system of registration for copyright in Malaysia.
A work that is eligible is protected automatically upon fulfilment of the following conditions: sufficient effort has been expected to make the work original in character; the work has been written down, recorded or reduced to a material form; the author is qualified person or the work is made in Malaysia or the work is first published in Malaysia. Copyright materials such as Printed‐based book, newspaper articles, e‐books, web‐based articles and any other literary material are all protected under copyright law. For examples, students and researchers.
Permission must be obtained to use a copyrighted material from the copyright holder (and pay any required fee)
• Exception : concept of fair use which permits limited duplication and use of a portion of copyrighted material for special purposes ,such as teaching, research, news reporting, commentary, criticism.
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 new technical solution to a problem.
How can a patent or utility innovation be protected?
• An applicant must file a patent or utility innovation application with the
Why Protect an Invention?
• A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in Malaysia without the owner's consent or permission.
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.
An industrial design is the ornamental or aesthetic aspect of anarticle. The design may consist of three‐dimensional features such as the shape and configuration of an article, or two‐dimensional features, such as pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal to eye. As claims are based on a "first‐to‐file" rule basis, 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 destroy the novelty of the design. So, extreme care should be exercised to ensure secrecy of the design.
"Geographical indications" is 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. Geographical indications can be used on natural or agricultural product or any product of handicraft or industry. Protection of geographical indications shall be given:‐Regardless whether or not the geographical indication is registered; and as against another geographical indication which, although literally true as to the country, territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another country, terri.
A layout‐design of an integrated circuit is the three‐dimensional disposition of the elements of an integrated circuit and some or all of the interconnections of the integrated circuit or such three‐dimensional disposition prepared for an integrated circuit intended for manufacture. The law that protects layout‐designs of integrated circuits is the Layout‐designs of Integrated Circuits Act 2000tory, region or locality.