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
– Copyrights
– Trademarks
– Patents
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.
• http://www.myipo.gov.my/en/copyright/gene
ral‐information.html
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.
• http://www.myipo.gov.my/en/patent/general‐information.html
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.
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.
