Intellectual Property (IP) is a form of intangible asset, alongside others such as goodwill, franchise rights, software, and data. In today’s fast-moving and competitive business environment, protecting ideas and creations has become more important than ever. IP plays a crucial role in helping individuals and businesses safeguard their brands, innovations, and creative works. To raise awareness of the importance of IP protection, NBS Intellectual Sdn Bhd has launched a series of educational talks. The most recent session, held in collaboration with Universiti Putra Malaysia (UPM) in Serdang, aimed to enhance understanding of the different types of IP, particularly among industry players and small and medium enterprises (SMEs) in the Klang Valley.
The one-day event focused on four main types of intellectual property: trademarks, copyrights, patents, and industrial designs. In Malaysia, IP registrations are overseen by the Intellectual Property Corporation of Malaysia (MyIPO).
This article is to summarise the information shared during the session. Firstly, the type of IP discussed was trademark. A trademark is a recognisable sign, phrase, symbol, or design that distinguishes the products or services of one entity from those of others. It serves as a branding tool that helps consumers identify and associate a product or service with a particular source. In Malaysia, trademark protection lasts for ten years from the filing date and can be renewed indefinitely in ten-year increments. It is important to note that trademark registration is separate from company registration with the Companies Commission of Malaysia (SSM).
Trademarks can be categorised into conventional and non-conventional types. Conventional trademarks include word marks, stylised word marks, figurative marks, and combined marks. Word marks refer to words with no descriptive meaning, such as “BOH” for a tea brand and “Kodak” for a photography-related company. Stylised word marks involve distinctive fonts or graphic styles, with Coca-Cola’s signature script serving as a well-known example. Figurative marks include logos or visual elements, such as Apple’s logo or the Starbucks mermaid. Combined marks refer to trademarks that integrate both text and image, like LinkedIn’s name and its blue-and-white logo.
Non-conventional trademarks are increasingly recognised and can include shape marks, colour marks, sound marks, and scent marks. Examples of shape marks include the contoured Coca-Cola bottle and Toblerone’s triangular packaging. Colour marks, while more difficult to register, include iconic colours like Tiffany & Co.’s specific shade of blue and Cadbury’s use of purple. Sound marks include recognisable audio cues such as Netflix’s opening “Tudum” and the whispering advertisements for the date brand Yusof Taiyoob. Although rare, scent marks have been registered in other jurisdictions, with examples such as Play-Doh’s distinctive scent and Dunlop’s rose-scented tyres. Trademark protection grants exclusive rights, enabling owners to prevent others from using similar signs or names and protecting their brand from both local and international misappropriation.
The second major type of IP discussed was copyright. Copyright protects the original expression of ideas in literary, artistic, and creative works. This encompasses a wide range of creations, including books, music, films, software, paintings, maps, databases, and more. While copyright does not protect the idea itself, it safeguards the specific form in which the idea is expressed. In Malaysia, copyright protection is automatic upon the creation of the work and does not require formal registration. However, voluntary registration with MyIPO is encouraged as it provides stronger legal standing in the event of a dispute.
The duration of copyright protection varies depending on the type of work. For most creative works, copyright lasts throughout the lifetime of the author and continues for 50 years after their death. In the case of published editions and sound recordings, protection lasts for 50 years from the date of publication or creation. Copyright gives the owner exclusive rights to reproduce and publish the work, communicate or broadcast it, license or assign the rights, and enforce moral rights, including the right to be properly attributed and to prevent misuse of the work. It is essential to remember that not all online content is free to use, as many works remain protected by copyright even if they are easily accessible online.
Then, the discussion focused on patents as the third main type of IP. A patent grants inventors the exclusive right to make, use, and sell their invention for up to 20 years from the filing date, provided the renewal fees are paid annually. In return for this exclusive right, the inventor must publicly disclose the technical details of the invention. Patentable inventions can include functional parts of products, production processes or methods, new applications of existing products, software with technical applications, and microbiological processes or products. To qualify for patent protection, an invention must meet three main criteria: it must be novel, involve an inventive step, and be capable of industrial application.
In some cases, where an invention does not fully meet the criteria for a standard patent, it may still be eligible for protection under a Utility Innovation (UI), sometimes referred to as a petty patent. Utility Innovation protection in Malaysia begins with ten years of coverage and can be extended in two further five-year increments, for a maximum of 20 years. Additionally, inventors in Malaysia benefit from a 12-month grace period, meaning they may still file for a patent within a year of their own public disclosure of the invention. For those seeking international protection, filing can be done through the Paris Convention or the Patent Cooperation Treaty (PCT), both of which Malaysia is a member of.
The fourth category of intellectual property is industrial design. Industrial design protection relates to the aesthetic and ornamental features of a product, such as its shape, configuration, pattern, or decoration. While it does not protect the technical function of a product, it enhances product identity and appeal, which can be a powerful tool in branding and marketing. Items eligible for industrial design protection include product packaging, surface patterns, labels, and distinctive shapes or ornamentation.
An industrial design must be new and original, and must not be contrary to public order or morality, to qualify for protection in Malaysia. Registered industrial designs are protected for an initial five years and can be renewed every five years for a maximum of 25 years. Malaysia allows a six-month grace period for the designer’s own disclosure before filing. Industrial design rights can be commercially valuable, providing exclusivity in product design and enabling licensing or other forms of monetisation.
As global trade and technology continue to evolve, a robust intellectual property strategy is becoming increasingly essential for businesses operating in Malaysia. Local innovators and businesses must understand how to secure IP protection to remain competitive, especially with the growing presence of multinational corporations in the domestic market. A well-planned IP strategy considers what to protect, where to protect it, when to file for protection, and how this protection aligns with business goals. This involves a detailed understanding of the products or services offered and the IP assets involved, be it a brand, invention, design, or creative work.
Additionally, businesses must consider different factors such as jurisdictional strategies (local or international), filing timelines, product launch schedules, and approaches to licensing, enforcement, and market expansion. Because intellectual property law and procedures can be complex, it is advisable to consult with a registered IP practitioner, agent, or firm. Such professionals can guide businesses in identifying valuable IP assets and securing effective protection, ensuring long-term competitive advantage and commercial success.
References:
NBS x UPM Sharing Session: Protect IP Beyond Your Borders, 3 July 2025
