Intellectual Property

14 August 2026

Intellectual Property

Malaysia maintains an intellectual property legal framework broadly aligned with international standards and continues to modernise its laws to keep pace with evolving commercial, technological, and enforcement needs. Recent developments include updated Trademark Guidelines (2026 variations), and ongoing implementation of the post-grant patent opposition proceedings.

Malaysia is a signatory to or member of the following international conventions and treaties:

Paris Convention for the Protection of Industrial Property;
Berne Convention for the Protection of Literary and Artistic Works;
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement);
Patent Cooperation Treaty (“PCT“);
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”);
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure; and
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

Malaysia is also a member of the following international organisations that govern intellectual property:

World Intellectual Property Organisation; and
World Trade Organization

The Intellectual Property Corporation of Malaysia (“MyIPO”) administers Malaysia’s intellectual property’s legislation, including trademarks, patents, industrial designs, copyright, geographical indications, and layout-designs of integrated circuits. MyIPO continues to issue updated guidelines, practice directions, and examination manuals to support effective implementation of the intellectual property statutes.

Intellectual Property Law in Malaysia

Trademarks

The Trademarks Act 2019 (“TMA 2019”) modernised Malaysia’s trademark regime by replacing the earlier Trade Marks Act 1976 and aligning domestic protection standards with international best practices. The TMA 2019 codified principles previously developed through case laws and introduced significant reforms such as the adoption of the Madrid Protocol enabling international trademark applications designating Malaysia, the recognition of non-conventional trademarks, and a more structured opposition proceedings and enforcement mechanism.

MyIPO continues to refine trademark administration through updated guidance materials. Notably, the Guidelines of Trademarks 2019 have undergone several variations, the latest being VA1‑2026, which took effect on 1 February 2026. Among the substantive amendments includes an updated Pre-Approved List of all goods and services from the 13^th edition of the International Classification of Goods and Services.

a. Registered Trademarks

Types of Registrable Trademarks

The TMA 2019 widens the definition of a trademark to include any sign capable of graphical representation that distinguishes one trader’s goods or services from another’s, including conventional (e.g., letters, words, numerals, devices) or non-conventional (e.g., shapes, colours, sounds, scents, holograms) trademarks.

Additionally, the TMA 2019 permits the registration of Collective Marks, which is a type of trademark used to indicate that goods or services come from members of a specific association or organisation, rather than from a single company or individual, and Certification Marks, which is a type of trademark used to show that certain goods or services meet specific standards set by the owner of the mark.

Multi-Class Applications

The TMA 2019 also introduces multiple-class applications, simplifying trademark management.

Registrability of a Trademark

Generally, in order for a trademark to be registrable, it must have sufficient “distinctive character”, i.e. if it can distinguish the proprietor’s goods or services from those of others in trade. The TMA 2019 sets out two broad grounds for refusal of registration:

Absolute Grounds for Refusal (e.g., signs that cannot be graphically represented, lack distinctiveness, marks that are purely descriptive of goods or services, consist of commonly used or generic terms, etc.); and

Relative Grounds for Refusal (e.g., trademarks identical to an earlier mark for identical goods or services, trademarks that are similar to an earlier mark, leading to potential confusion, trademarks that conflict with well-known marks, even for different goods or services, etc.)

Trademark Application Process

An applicant may be an individual, a sole proprietorship, a partnership, an association or a body corporate. If the applicant does not reside or carry on business in Malaysia, the applicant must appoint a Malaysian trademark agent to act on its behalf. Applications for registration of trademarks may be filed at MyIPO either manually or online.

Once an application is made, MyIPO will examine the application. MyIPO may raise provisional refusal(s) to the application on absolute and/or relative grounds.

Upon acceptance, the trademark application will be published in the Intellectual Property Official Journal for a two-month period. If no opposition is filed during this time, the trademark will be registered, and the applicant will be issued an electronic notification of registration. Physical certificates are no longer issued by default but can be obtained for an additional fee.

Expedited Examination

Under the Trademarks Regulations 2019, an applicant for the registration of conventional trademarks (excluding collective marks, certification marks, and non-traditional marks such as colour, sound, scent, hologram, positioning, or motion sequence) may request expedited examination upon payment of a prescribed fee. Expedited examination is only available under the following circumstances:

It serves the national or public interest;
There are ongoing infringement proceedings or evidence of potential infringement in respect of the trademark applied; or
Trademark registration is required to obtain monetary benefits from the Government or recognised institutions.

Rights Conferred by Registered Trademark

The registration of a trademark under the TMA 2019 grants the proprietor the exclusive right to use the trademark in Malaysia and to authorise others to use the registered trademark. A notification of registration provides easy prima facie evidence of ownership of the trademark.

Duration of Registration

A trademark is valid for ten years from the application date and may be renewed indefinitely in successive ten-year periods. Renewal must be made before expiry to maintain continuous protection.

Late Renewal / Restoration

If renewal is requested within six months after expiry, a surcharge applies. If not renewed within this period, the trademark is deemed removed. However, the proprietor may apply for restoration within six months from removal by paying the prescribed fee. Failure to restore within this timeframe results in the registration ceasing permanently.

Revocation / Invalidation

The TMA 2019 provides for the revocation of a trademark for non-use and the invalidation of a registration on various grounds. A trademark may be revoked if it has not been used within the prescribed period or if its use has been discontinued without justification. Invalidation, on the other hand, may be sought if the registration conflicts with an earlier trademark or right, or if it was obtained through fraud or misrepresentation.

b. Unregistered Trademarks/Passing Off

Section 159(1) of the TMA 2019 provides that no person may initiate an infringement action under the TMA 2019 for an unregistered trademark. However, Section 159(2) of the TMA 2019 provides that the TMA 2019 shall not affect the right of action for passing off. Therefore, for unregistered trademarks, protection may be sought in Malaysia through the common law tort of passing off. Passing off is premised on the principle of preventing unfair competition and to prevent one party from passing off his goods and services as that of another thereby damaging the reputation and goodwill of the second party.

To succeed in a claim for passing off, the following elements must be established:

there is goodwill in the business derived from the use of a particular trademark;
misrepresentation made by the wrongdoer which is likely to lead the public to believe that the goods or services of the wrongdoer are that of or are associated with the goods and services of the proprietor; and
the goodwill and reputation of the proprietor’s business has or will suffer damage by reason of such misrepresentation.

Patents

A patent is a monopoly right over an invention for a limited period of time. The invention has to be technical in nature and must contribute to a field of technology. In Malaysia, patents are protected under the Patents Act 1983 (“PA”) and the Patents Regulations 1986 (“PR”). Significant reforms were introduced to the PA and PR by the Patents (Amendment) Act 2022 and the Patents (Amendment) Regulations 2025.

Patentability

To qualify for patent protection, the invention must satisfy all of the following requirements:

It must not be a non-patentable invention as prescribed under the PA (e.g., scientific discoveries, mathematical methods, plant or animal varieties, business methods, mental acts, game rules, and medical treatment or diagnostic methods, except for products used in such treatments);
it must be novel and must not have been made known to the public anywhere in the world before the filing date or priority date of the application;
it involves an inventive step, meaning it is non-obvious to a person having ordinary skill in the art; and
it is capable of industrial application in any kind of industry.

An invention is not novel if there had been prior disclosure of essential elements of the invention anywhere in the world, including prior patent applications.

However, prior disclosures of an invention may be disregarded if:

the disclosure occurred within one year preceding the patent application date and was made by the applicant or their predecessor in title; or
the disclosure occurred within one year preceding the patent application date and resulted from an abuse of the rights of the applicant or their predecessor in title.

Patent Application Process

Applications for registration of a patent may be filed at MyIPO. When applying for a grant of patent, an applicant will be required to lodge:

The prescribed forms, i.e. request for grant of patent, patent agent appointment and statement justifying the applicant’s right to the patent; and
Patent Specification which would comprise the description, claim, abstract, drawings, sequence listing.

Substantive Examination / Modified Substantive Examination

Request for substantive or modified substantive examination may be made at the time of filing of the application, or at latest within 18 months from the filing date of the application. For international applications which has entered the national phase, a request for substantive or modified substantive examination is to be filed within four years from the filing date of the international application.

A request for modified substantive examination must include a certified true copy of the granted patent or industrial property protection from a prescribed country (Australia, Japan, South Korea, UK, or USA) or under the European Patent Convention and a certified English translation, if the original document is not in English.

The deadline for filing a request for substantive examination is strict, with no extensions permitted. However, for modified substantive examination, an applicant may apply for a deferment if the relevant patent or industrial property protection has not been granted or is unavailable by the prescribed deadline. If the deadline for filing a substantive examination request lapses, or if a deferment is not filed for a modified substantive examination, the patent application will be deemed withdrawn.

International Application

In addition to the above registration, the applicant may choose to file an international application under the PCT system, which makes it possible to seek patent protection for an invention in multiple countries simultaneously. This is done by filing a single “international” patent application, followed by entering the national phase in each respective country.

As the PCT is in force in Malaysia, patent protection may also be obtained by either entering the national phase of a PCT application, generally, within 30 months from the earliest priority date.

Furthermore, Malaysia has also implemented several initiatives for expediting the patent prosecution process.

The Patent Prosecution Highway (“PPH”) enables expedited examination of patent applications by leveraging examination results from another patent office. If a first office has deemed the claims acceptable, applicants can request accelerated examination of a corresponding application at a second office. MyIPO has established pilot PPH programmes with the JPO, EPO, CNIPA, KIPO, and USPTO between 2014 and 2023.

The ASEAN Patent Examination Co-operation (“ASPEC”), launched on 15 June 2009, is the first regional patent work-sharing initiative among the ASEAN Member States. It facilitates faster and more efficient patent grants by sharing search and examination results, reducing duplication, and improving report quality across participating offices.

Rights of Owner of Patent

The owner of a patent has the exclusive rights to exploit the patented invention, assign or transmit the patent, conclude license contracts, and use the patent as a security interest.

Duration of Patent

A patent is valid for 20 years from the date of filing of the application, subject to the payment of an annual fee.

Utility Innovations

The Patents Act also provides protection for “simpler” inventions that do not meet the requirement of inventive step. These are known as Utility Innovations.

This offers a simplified form of protection for commercially viable innovations that are new and industrially applicable but do not involve any inventive steps.

A utility innovation certificate is valid for a maximum of 20 years, subject to an initial ten-year term, with the possibility of two extensions of five years each.

Invalidation of Patents / Utility Innovations

An aggrieved person may initiate court proceedings to invalidate a patent or utility innovation. The court may do so if it is proven that the claimed invention or innovation is not eligible for protection, fails to meet patentability or utility innovation requirements, lacks a compliant description or necessary drawings, or was granted to the wrong person.

Notably, the Patents (Amendment) Act 2022 introduces a mechanism for post-grant opposition proceedings, which allows any interested person to initiate opposition proceedings against a patent owner within the prescribed publication period, challenging the grant of the patent before the Registrar. This mechanism has only come into force on 31 December 2025.

Copyright

Copyright in Malaysia is governed under the Copyright Act 1987 (“CA”). Copyright protection in Malaysia is automatic upon a work, being eligible for copyright, is reduced into material form without any requirement for registration. Copyright gives the creator of an original work, for a limited period, exclusive rights to do certain acts with the work.

Works Eligible for Copyright

musical works;
literary works;
artistic works;
films;
sound recordings;
broadcasts;
derivative works; and
published editions.

Ingredients for Copyright

it belongs to one of the categories of copyright-protected works as set out above;
the work is in a form that has been written down, recorded or reduced to any other material form;
the work is original. Originality here does not denote novelty. A work is original if it originates from the author who had made sufficient effort to produce such work. The amount of effort required is not defined and is a question of fact;
the work complies with qualifications for copyright as follows:

the author is a citizen / permanent resident of Malaysia or member country of the Berne Convention;
the work is first published in Malaysia or in any member country of the Berne Convention; and
the work was created in Malaysia or in any member country of the Berne Convention.

Copyright owners will have the exclusive right to control the doing of the following acts in Malaysia in relation to the work:

reproduction of the work in any material form;
communication to the public;
performance, playing or showing to the public;
distribution of copies of the work to the public by sale or other transfer of ownership;
commercial rental and lending to public.

A copyright infringement occurs when any of the activities under the exclusive control of the copyright owner are conducted without his authorisation.

Further, it is noteworthy that in a recent decision, Malaysian Court of Appeal in Siemens Industry Software Inc v KB Engineering Coatings Sdn Bhd[i] examined the issue of vicarious liability in the context of copyright infringement. The Plaintiff, the registered owner of a computer program known as NX12 and its associated licence file (“Software”), discovered through an investigation that its Software had been found on the work laptop of an employee of the Defendant. Consequently, the Plaintiff initiated proceedings for copyright infringement, alleging that the Defendant was vicariously liable for the actions of its employee. The Plaintiff subsequently applied for summary judgment.

The Court of Appeal, overturning the High Court’s decision, allowed the Plaintiff’s application for summary judgment. It held that the infringement was established when a tampered version of the Plaintiff’s licence file – granting access to all modules of the Software – was discovered downloaded onto the Local Disk C of the employee’s work laptop, without a valid licence. This amounted to an unauthorised reproduction of the Software. As the Software was found on a work laptop and used during the course of the employee’s duties, the Court of Appeal held the Defendant vicariously liable. At the time of writing this chapter, the Defendant has successfully obtained leave to appeal to the Federal Court, and the substantive decision is yet to be delivered.

Defences to Copyright Infringement

The usual defences available in an action for copyright infringement include arguments that the claimant’s work is not copyrightable, does not meet the requirements for copyright protection, or that the claimant has failed to establish the elements of infringement. In addition, Section 13 of the CA sets out more than 20 exceptions to copyright protection. These cover, among others, fair dealing, incidental use of works in public places, private and domestic use, use for educational purposes, government use, and use in the course of public administration. The CA also contains specific defences in relation to computer programs, such as the making of backup copies and the commercial rental of programs where the software is not the essential object of the rental.

Against the backdrop of increasing reliance on generative AI technologies, the statutory defence of fair dealing under Malaysian copyright law deserves closer attention. This is particularly relevant as the fair use doctrine in the United States, which shares similarities with fair dealing, has come under scrutiny in several high-profile cases involving AI developers. In these cases, U.S. courts have been asked to decide whether the use of copyrighted materials in AI training qualifies as “transformative use,” a central factor in applying the fair use defence.

Section 13(2)(a) of the CA provides that the copyright owner’s right of control does not extend to acts done by way of fair dealing. The statute identifies purposes for which fair dealing may apply, such as research, private study, criticism, review, or the reporting of news or current events, though this list is not exhaustive. Likewise, the CA sets out guiding factors (also non-exhaustive) for determining whether a particular dealing qualifies as fair dealing, namely:

the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
the nature of the copyright work;
the amount and substantiality of the portion used in relation to the copyright work as a whole; and
the effect of the dealing upon the potential market for or value of the copyright work.

The defence is further subject to a proviso requiring acknowledgment of the title and authorship of the work, except where the use relates to reporting news or current events via sound recording, film, or broadcast.

It is still unclear how Malaysian courts will deal with the use of copyrighted material in AI training. For instance, in the U.S. case Andrea Bartz & Others v. Anthropic, PBC, 3:24-cv-05417 the court found that Anthropic’s use of lawfully obtained materials to train its AI system amounted to fair use. Whether Malaysian courts will follow a similar path remains to be seen.

Duration of Copyright Protection

The duration of copyright protection granted is as follows:

For literary, musical or artistic works, a copyright subsists during the life of the author plus 50 years after his death.
For published editions, copyright subsists for 50 years from the beginning of the calendar year following the year of first publication.
For sound recordings, copyright subsists for 50 years from the beginning of the calendar year following the year of first publication.
For broadcasts, copyright subsists for 50 years from the beginning of the calendar year following the year in which the broadcast was first made.
For films, copyright subsists for 50 years from the beginning of the calendar year following the year in which the film was first published.

Further, MyIPO has introduced a streamlined copyright certification process in Malaysia via submission of a Copyright Voluntary Notification (“CVN”).

This is an option for the owner of a copyright to lodge at MyIPO a notification of its copyright in the works. If the CVN is in order, MyIPO will issue a certificate to the Applicant stating that the notification of copyright has been entered into the Register of Copyright, which can then be used as evidence of copyright subsistence and ownership. Starting 2 December 2025, applications for CVN can be made online through the official portal of the IPO, thereby simplifying the application process. The relevant form has also been updated for the owner to declare that the work was created without the assistance of AI.

Moral Rights

Moral rights are personal rights of authors, protected under Section 25 of the CA. Section 25(2) states that no person may, without the author’s consent, do or authorise the following:

Right of Paternity/Attribution – the presentation of a copyright work without identifying the author, or under a name other than that of the author; or
Right of Integrity – The distortion, mutilation, or modification of a work in a manner that significantly alters it and may reasonably be regarded as adversely affecting the author’s honour or reputation.

The application of the two key moral rights protected under the law is illustrated in Syed Ahmad bin Jamal v Dato Bandar Kuala Lumpur [ii]. In the case, the Plaintiff, a sculptor, was commissioned to design and create a sculpture along with its surrounding landscape. The sculpture featured a plinth attributing authorship to the Plaintiff. Subsequently, the Defendant carried out modification to the sculpture, which included the removal of the plinth identifying the Plaintiff as the author, as well as changes to the surrounding landscape – without notifying the Plaintiff or seeking his consent.

The Plaintiff alleged that the Defendant’s modification caused him to experience shock, hurt, sadness and damage to his honour as an artist, with one witness describing the changes as an eyesore. The Plaintiff demanded for, among others, the restoration of the sculpture and surrounding landscape which were not complied with resulting in the Plaintiff commencing an action claiming infringement of his moral rights.

The court ruled that the Defendant’s modifications infringed the Plaintiff’s right of paternity and integrity. As for relief, the Court declined to grant an order for restoration, taking into account that public funds had been expended on the Defendant’s modifications. Instead, the Court granted a declaration that the Plaintiff would have an absolute right to recreate the sculpture and awarded substantial damages in the sum of MYR750,000, due to the Plaintiff’s standing as a highly respected world-class artist.

[i] [2024] MLJU 2638

[ii] [2011] 2 CLJ 569

Industrial Designs

Industrial designs are protected by the Industrial Designs Act 1996. An industrial design protects visual appearance of an article such as its shape, configuration, pattern or ornament that appeal to the eye whether two or three dimensional. To qualify the design must be capable of being applied to an article by an industrial process and must be judged solely by its appearance.

Industrial design does not include the following:

method or principle of construction; or
features of shape or configuration of an article which:

are dictated solely by the function which the article has to perform.
are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.

These exclusions ensure that industrial design protection is reserved for aesthetic aspects rather than functional or mechanically‑driven features

Registered industrial designs are protected in that it may not be lawfully copied or imitated without the registered owner’s authorisation.

For an industrial design to be registrable, it has to be new and not disclosed anywhere in the world prior to application for registration.

The initial duration of registration for a Malaysian industrial design is five years from the date of filing the application for registration. An application can be renewed for four sucessive five-year periods, giving a maximum period of protection of 25 years.

An application to register an industrial design may be filed with MyIPO. Upon successful completion of a formal examination, the design will be registered, and a registration certificate will be issued.

Protection of Geographical Indications, Integrated Circuit Layout-Designs, and Plant Varieties

The Geographical Indication Act 2022 and Regulations 2022 protect geographical indications (GIs), which are signs used on products with specific geographical origins and qualities linked to that origin. The product must originate from a particular place, with its qualities being attributed to that location, establishing a clear connection between the product and its geographical origin. Applications for registration must meet these requirements and not conflict with public order or morality. Once registered, a certificate is issued, serving as prima facie evidence of the registration’s validity. The certificate is valid for ten years and can be renewed after this period.

The Layout-Designs of Integrated Circuits Act 2000 protects the arrangement of integrated circuit elements and their interconnections. To qualify for protection, the layout-design must be original, meaning it is the result of the creator’s intellectual effort and not commonplace in the industry. It must also be fixed in a material form or incorporated into an integrated circuit at the time of its creation. Layout-designs are automatically eligible for protection once these conditions are met, and the protection lasts for ten years from the date the design is first commercially exploited, either in Malaysia or elsewhere. This protection helps safeguard the intellectual property rights of creators and innovators in the integrated circuit industry.

The Protection of New Plant Varieties Act 2004 provides a system to protect plant breeders’ rights over new plant varieties. A variety is considered new if it has not been sold or commercialised within certain time frames before the filing date. To be eligible for registration, plant varieties must be new, distinct, uniform, and stable. Varieties bred by farmers or indigenous communities are subject to lower standards for registration. The protection term for plant varieties can range between 15 years, 20 years, or 25 years depending on the type of plant variety sought to be protected.

Breach of Confidence

The law of breach of confidence protects parties by imposing an obligation to maintain confidentiality over “confidential information” or “information having the necessary quality of confidence.” Such information may include trade secrets, proprietary data, any non-public information, manufacturing processes, formulae, pricing strategies, and customer data, among others, that derive commercial value from its secrecy, provides a competitive advantage, and is safeguarded through reasonable protective measures. Legal remedies, including injunctions and damages, are available to address breaches and ensure the protection of confidential information.

Since the Singapore Court of Appeal’s decision in I-Admin (Singapore) Pte Ltd v Hong Ying Ting and others [2020] 1 SLR 1130, Malaysian courts have consistently applied the ‘modified approach’ established in that case. This approach shifts the burden to the defendant to prove there was no unauthorised use of the confidential information causing detriment to the plaintiff.

Under the traditional approach, the plaintiff must first prove three key elements:

the information in question has the necessary quality of confidence;
the information was imparted under circumstances that create an obligation of confidence; and
there was unauthorised use of the information, resulting in detriment to the plaintiff.

Only after the plaintiff establishes all three elements does the burden shift to the defendant to disprove them.

Under the modified approach, however, the plaintiff only needs to prove the first two elements – that the information has the necessary quality of confidence and that it was imparted under an obligation of confidence. Once these elements are established, an action for breach of confidence is presumed, and the burden shifts to the defendant to prove there was no unauthorised use of the information causing detriment to the plaintiff.

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Notice

The contents of this Guide are owned by CLO and subject to copyright protection under the laws of Malaysia and, through international treaties, in other countries. No part of this Guide may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose) without the prior written permission of CLO.

Please note also that whilst the information in this Guide is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice for any particular course of action as such information may not suit your specific business or operational requirements. It is to your advantage to seek legal advice for your specific situation.

Disclaimer

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