DUE DATE : 25 January 2018
WEIGHTAGE : 30%
SEMESTER : January 2018
LECTURER’S NAME : Thinaharan
confirm that I am aware of the University’s Regulation Governing Cheating in
a University Test and Assignment and of the guidance issued by the School of
Computing and IT concerning plagiarism and proper academic practice, and that
the assessed work now submitted is in accordance with this regulation and
understand that, unless already agreed with the School of Computing and IT,
assessed work may not be submitted that has previously been submitted, either
in whole or in part, at this or any other institution.
recognise that should evidence emerge that my work fails to comply with
either of the above declarations, then I may be liable to proceedings under
Chua Boon Keong
Michael Dwi Hadi
TITLE OF THE PROJECT
Protecting What Is Yours ”
Chua Boon Keong
Michael Dwi Hadi
The purpose of this survey is to
help provide and apply for an intellectual property to help a student to
protect his or her invention of a software development. Intellectual property
is also known or defined as inventions,ideas and creative expression when there
is a public willingness to present their professional property. Intellectual
property give people the right to reap all commercial benefits from their
creation efforts and gives them exclusive rights to the inventors and creators
This is because nowadays students
are not aware of the steps necessary to protect their work. First and foremost,
Intellectual property refers to all creations of the mind and such inventions
can be literary and artistic works , names , symbol and images used for commerce.
Intellectual property can also be
divided into 2 types of categories. Intellectual Property also includes patents
for all kinds of invention , trademarks , industrial designs and also
geographical indications. Moreover, there are also a few processes for applying
intellectual property in malaysia which can be found in trademark application
The several types of intellectual
protection property are like,copyright,trademark and patent for example, Patent
is a very good recognition that helps protect your invention,which also
satisfies the requirements for global non-obvious,novelty and industrial
application. Intellectual property is essential for a way better way of
planning, commercialization, identification, rendering and thereby gives best
protection of invention and creativity.There are three types of intellectual
property which is copyright, patents, and trademark.
study of Intellectual Property. 2
of Intellectual property. 2
Process of applying IP in Malaysia. 3
The importance of IP for product that has commercial values 4
The rights to claim in an IP application. 5
Advising Procedures 7
procedural for IP application of a patent. 7
To start of, once a
software is being developed, there are certain steps that are needed to be
taken before implementing a software development agreement to protect your
copyright. It is crucial to have a software development agreement to the
developers just to avoid a conflict between those two parties of software
developers. There is no doubt that there is insufficient software copyright law
at the federal level especially in Malaysia where softwares are being copied
and then distributed all the time, in order to protect the software that you
have created, all you gotta do is register at http://www.myipo.gov.my/en/a-product-main (only based in
Malaysia). The website that is provided MyIPO, is the official portal of
Intellectual Property Corporation of Malaysia is to protect your invention by
just registering through the website with the provided steps.
To create a scenario, a student
named Steven has created a unique software that nobody has seen this type of
software before. Steven now approaches our team because his mission is to have
his software copyrighted so that nobody could copy his software and if somebody
does actually copy the same ideology as Steven’s software, Steven could
potentially accuse that particular person and claim a charge to sue that person
for copying the originality of the software. All in all, it is predicted that
Steven’s software is a unique software that could be used by all people around
the world as it is one of a kind and soon it will be popularised and many
software developers will implement the same idea as Steven’s software.
Therefore, Steven is desperate about getting his product a copyright license so
that nobody else could copy the content of his software.
Steven wants his software to be
Steven wants to protect his
Steven wants nobody to copy his
Steven’s software is unique
therefore he wants to protect it from other people copying
In conclusion, to sum up the
introduction we all have agreed to help Steven with his project on making a
copyright about his software so that other developers could not copy his
product. If there are software developers that produces a similar product as
Steven’s, Steven can claim that they are violating the rules of intellectual
Background study of
of Intellectual property
property is any unique product of the human intellect that has commercial value
such as artistic works, inventions, names, images, and many more including
trademarks, copyrights, patents, and related rights. All countries have their
own laws to protect intellectual property which covered creative work,
invention , or commercial symbol.
Intellectual property is divided
into two categories. The first category is industrial property. It includes
patents for trademarks, inventions , geographical indications, and industrial
designs. The second category is copyright. It covers all of literature works
such as poems, novels, movies, music, drawings, paintings, sculptures ,and
Intellectual property rights are
exclusive legal rights that allow the creators of trademarks, patents and
copyrighted works to gain profit and benefits from their own creation or
invention. The World Intellectual Property Organization (WIPO) convention in
Stockholm on July 14, 1967 ( Article 2 (viii) ) concluded that intellectual
property should include rights relating to :
Copyrights and related rights
Lay out Design of Integrated
This law protects all creative works
and inventions such as software, music, photographs, paintings, books,
trademarks, scientific discoveries, industrial design, and movies. It also gives
creators the copyright holder exclusive rights to manage reproduction of their
creations or inventions.
Process of applying IP in Malaysia
There are five main steps to apply
Intellectual property in malaysia. But before applying IP, we need to search for
our categories. Malaysian government gives us three categories. The first
category is malaysian citizen who is either an entrepreneur or an inventor
between the age of 18 to 40 years old. The second category is a primary or
secondary, colleges, universities student that recognised by the government.
The last category is local community associations or organisations.
After choosing the category, the
applicants can move on to the next steps which is the main steps. The first
step is identify your IPR. In this step, applicants must know what they have
before they prioritise what to file. The most common IPR component are
trademarks and patents. To make sure it is the correct IPR components,
applicants can go through the list of the IPR components first.
The second step is pick the most
relevant IPR to your business. Applicants need to identify their types of goods
or services that their business is offering. Next, they need to match it to the
relevant class. The government has 45 classes to register for trademark
application only. Applicants must ensure their choices to pick their goods or
The third step is determine the
strength and availability of your IPR. After applicants identified and
prioritise their IPR which they want to invest in, the next step is they need
to wait for MyIPO to register and help you to search if there any identical or
similar marks that already register or not. This step will help the applicants
to make sure their mark is certainly available to be registered. It also enable
applicants to make modifications or changes to their mark prior to apply.
The fourth step is plan your
finances. In this step, applicants need to know the rough cost involved and the
time limit estimation of when it need to be paid. It will help to plan your
finances and time when to file the application accordingly. Every IP components
have their own timelines and cost. After you put your application, office will
be issued the timeline by Registrar which you need to reply it. When a failure
to reply happen, you need to pay additional money to extend your application
otherwise your application will be abandoned and removed from the register.
Some of the application may not have extendable deadlines, so you make read it
The last step is apply for funding.
After you are done will all four steps, now you are reading to apply funding
for your desired IPR category. You must double check your application process
and submit all the required documents.
importance of IP for product that has commercial values
Your IP rights are important because they can:
· set your business apart and away from
competitors standing point
· be sold or licensed, providing an
important revenue stream of itself
· offer customers something new and better
· form an essentially part of your
marketing or branding
· be used as security for loans and
You may be surprised at how many aspects of your
business can be protected – its name and logo, designs, inventions, works of
creativity and intellectual effort and trademarks that distinguish your
business can all be types of IP. Explore the different types of IP in detail in
· trademarks of each country
· get patent protection for your
· copyright for your business companies
· protecting and handling your inventions
Some IP rights are automatically safeguarded by IP
law of the country, but there are also other types of legal protection you can
To exploit your IP fully, it makes stronger business
senses to do all you can to secure it. You can then:
· protect it against others and
ultimately defend in the courts your sole right to use, make, sales and import
· stop others from using, making,
selling or importing it without your permission
· earn royalties by licensing every
inventions and design
· exploit through strategic alliances
· making money by selling it
One of the least known and most used types
of coverage is IP formulation and warranties infringement liability insurances,
which is generally associates with mergers and acquisitions and a purchasing
agreement. It certifies that the IP involvement in the transaction is processed,
same towards the function of title insurance in home purchases. This type of
coverage defends against under any misappropriation liability and provides a
better reimbursement for defense expenses and loss (awards or settlements or agreement).
It is designed specifically for the representor and warranties applying to many
intangible assets, whether the sell or bought of a single asset, or a portfolio
of assets, and as part of a corporate sale or merger.
The rights to claim in an IP application
Intellectual property rights include patents, copyright, industrial design
rights, trademarks, plant variety rights, trade dress, geographical
indications, and in some jurisdictions trade secrets. There are also more specialized or
derived varieties of sui generis exclusive rights, such as
circuit design rights and supplementary
A company is a form of right granted by the government of law to an
inventor, giving the owner the right to exclude others from making, using,
selling, offering to sell, and importing an invention for a period of time, in exchange. An invention is a solution to a
specific technological problem, which may be a product or a process and
generally must fulfil three main requirements: it must be new, not obvious and
there needs to be an industrial applicability.
A copyright gives all the creator around the globe of an original
work exclusive rights to it, usually for a long period
of time. Copyright may apply to a wide
range of creativity, intellectual, or artistic forms. Copyright does not
cover ideas nor information themselves, but only the form or way they are
An industrial design
right protects the visual design of each objects that are not purely
utilitarian at all . An industrial design consists of the creation of many
shapes, configuration or composite patterns or colours, and colour in
three-dimensional form containing aesthetic value. An industrial design can be
a two- or three-dimensional pattern used to produce a product, industrial
commodity or handicraft.
rights or plant variety rights are the clamming of the rights to
commercially use a new variety of a plant. The variety must amongst others
novel or distinct and for registration the evaluation of propagating materials for
the variety is considered.
Trademarks of Country building
A trademark is a recognizable sign to all nation, design or expression which
distinguishes products and services of
a particular trader from the same value of products and services of other
a legal term of art that generally refers to characteristics of the visual (something
can be seen) and aesthetic appearance of a product or its packaging (or even
the design of a building) that signify the source of the product to consumers.
Trade secrets for companies
A trade secret is a formula, practice, process, design, pattern, and compilation of information which is not generally known as a reasonably ascertainable, by
which a business can obtain an economic
advantage over competitors and customers across the globe. There is no formal
government protection granted; each business must take measures to guard its
own trade secrets.
procedural for IP application of a patent.
Patent is being
used for the patent holder to take legal action against anyone who use the
patented invention , design or discovery without any permission. Without
patent, anyone can use similar designs , idea and products without any risk.
Invention that need patent protection must been filed within 12 months of
releasing it in public setting, or else the chance of patent protection will be
Eligibility of applicant
filing for a patent, the owner of the invention should determine who will own
the idea. Because if the company file for patents on the inventions but only
one employee is the one that came up with the idea , then the individual should
granted holder of the patent. But if the company came up with the idea
involving all of the employees in the invention than it must been protect the
patent by process sign an agreement that states the idea belongs to the
To file a patent in
malaysia must be filed in the Patent Registration Office of the Intellectual
Property Corporation of Malaysia(MyIPO). MyIPO is responsible for the
administration, registration and processing of patents and the certificate for
The application can
be submitted by hand or mail, and can be submitted through an online filing
system at https://pantas.myipo.gov.my/online/main.
Information and documents required
To register an application in Malaysia, the following
document is required in the Patent Registration Office by the applicant:
-Form 1 (for an application for a patent);
-A patent specification consist of the description for the
invention, a claim or set of claims, and abstract or drawing;
-The payment of the prescribed filing fee.
In form 1 must have provided the following information:
-Name,address and the nationality of the applicant;
-Name and address of the inventor
-Priority details for example the filing date, application
number and country of an earlier application from which priority is claimed (this
only applies if the applicant has filed an earlier application for the same
invention. The earlier application, which is the first application for the
invention, is called the priority application, and it must have been filed not
more than 2 months before the filing date of the application in Malaysia).
There are also some additional required documents to be
submitted to the patent registration office, if applicable have some special
-Form 17(Appointment of Patent agent), this form is need if
the applicable have appointed a patent agent.
-The statement justifying the Applicant’s Right to a Patent
, This document is need if the applicant is not the inventor of the invention.
Appointment of Patent Agent
A patent agent is a professional
qualified which is the specialises in patent work. In common , a Patent agent
is need and advises on the patentability of an invention, conducts patent
searches, prepares the patent specification and take care of the filing and
prosecution of patent applications amongst others.
To appoint a patent agent is not the
requirement of the patenting process, The applicant have an option to choose
whether the applicant want to appoint the patent agent to handle the filing or
filing his application on his own behalf. But it is advisable for the applicant
to seek the services of the patent agent to assist for the application,
especially in the drafting part of the patent specification.
But if the applicant want to file
the application on his own behalf, it is important for the applicant to
understand the patent prosecution process is lengthy and involves some steps
which need an appropriate actions to be taken in a timely manner. Failure to do
may be result in unfavourable risk for the application, and can lead to the
refusal of the patent application. Engaging a professional registered patent
agent may reduce the risk or burden for the application. But if the applicant
is a foreigner than a local patent agent is required to act on his/her behalf.
A list of registered patent agents
in Malaysia is available in http://www.myipo.gov.my.
A et al (2012). Intellectual Property Rights (IPR) – Concepts and Issues. Retrieved
property rights and drug prices. Lancet.
2013; 352: 582
Jackson Pan, K. W., Marry Brown, B. B.,
& Daniel Tan, T. C. (2015). Protecting Methods. Ethics: , (988), 22-23.
JL. Patents for intellectual property. Lancet.
2000; 356: 2016
D and Meyer, RE. Patents for intellectual property. Lancet. 2000; 356: 2015
Krushin , T. D., & Christina , B. B.
(2010). The Law Of Com : Thou shall not . Com ethics , 110, 34-35.
Reuters,T (2018). Use a Software
Development Agreement to Protect your Copyright. Retrieved from http://smallbusiness.findlaw.com/intellectual-property/use-a-software-development-agreement-to-protect-your-copyright.html
RP, Berkowitz R. The effects of patent protection on the prices of
pharmaceutical products: is intellectual property protection raising the drug
bill in developing countries? Washington: National Economic Research
Sam Chew, E. A. (2011). Internet Policy.
Computing ethics, 996, 34-35.
S and Giagounidis, AAN. Patents for intellectual property. Lancet. 2000; 356: 2016
(2016). How to register your Intellectual Property for FREE!. Retrieved from https://themalaysianlawyer.com/2016/04/18/register-intellectual-property-for-free/
(2013). What is Intellectual Property?. Retreieved from http://www.wipo.int/export/sites/www/about-ip/en/iprm/pdf/ch1.pdf
WIPO (2013). The Concept of Intellectual