Managing Intellectual Property

Managing Intellectual Property

Types of IP

The type of IP protection you need depends on what you've created and what you'll use it for. Some products need all four!

Generally, there are divided into a broder definition as follows:

• Patents

• Trade marks

• Designs

• Copyright

• Other protection

What is Intellectual Property (IP)?

Intellectual Property (IP) is created when an idea takes some tangible form. IP can mean a brand, invention, design or other kind of creation and it can be legally owned. But how can that help you?

Why use IP?

IP is everywhere. Whether you're an inventor, an artist, or an entrepreneur, our site can help you find the right protection for your intellectual property.

How and when should I use IP?

There are many simple and cost effective ways of protecting your ideas and your business. The information below shows you what you need to think about from the beginnings of an idea to starting a new business and marketing and manufacturing your product or service.

New idea

Search for existing patents

You can use the free patents database or our Search and Advisory Service to check whether your idea already exists or identify existing technology to help develop your own.

Development phase

Licensing

You may need to licence-in other people’s technology to help you develop your idea, either from a University or another business

Partners

Collaboration with other businesses or educational organisations can be vital to the development phase. Our Lambert Collaboration Tool kit can help.If you talk to anyone about any new secret or collaboration make sure you ask them to sign a confidentiality agreement (391Kb) first.

IP protection (pre-market entry stage)

Technology

You are developing your technology but how should you protect it?If it would be difficult to copy the process, construction or formulation from your product itself, a trade secret may give you the protection you need.You could file for a Patent which would start to protect your technology from your competitors. You must not tell anyone about your idea before you file it with us.

Design or Artistic Creation

If the design of your product is unique and makes you stand out from your competitors then consider design registration.Original, creative and artistic works are automatically covered by copyright.

Starting a business?

Business name

Just because you have registered your company name with Companies House, doesn’t mean it is protected. Someone else could use it.Your name and brand is a valuable asset to your business so think about protecting it by registering it as a trade mark.

Your website

Most businesses will develop a website to promote their products and services. Many will subcontract this work to web developers.Remember, a contractor will retain the copyright on any of the work they do for you unless it is specifically assigned to you in the contract.The universal copyright symbol © together with the owners name and date should be added to any of the original information on your website.

Promotional items

You will probably produce brochures outlining your product or service along with any technical manuals. If you write this yourself it is automatically protected by copyright.

Investors

As Dragon’s Den has shown us, raising finance can be vital to the growth of a business and the launch of a new product or service.Before talking to any investors ensure they sign a confidentiality agreement.

IP Protection (Market entry stage)

Manufacturing

You might not manufacture your products in-house, but sub-contract this out. If you do, protect yourself with a confidentiality agreement so your products can’t be copied.

Licensing

If you have a Patent you may decide to exploit it by licensing your technology to other businesses.

Interested????!!!!!

Click here for more information

Protecting Intellectual Property - The best video clips are here
Time of Filing


1. Statutory Declaration
NotarizationNo legalization
Within 3 months upon request by Registrar.
Additional Documents for Claiming Convention Priority
Documents

Time of Filing
1. Priority documents
(certified copy of the first patent application).
Within 3 months upon request by Registrar.

Procedure

Procedure

Malaysia Trademark: Application Procedures

1.SearchingThis is the first step before an application is made for the registration of a trademark. Although a prior search is optional it helps in determining the existence of previous marks.

2.ApplicationEvery applicant is required to submit an application containing the following information.

• Full name and address of applican






• Sample of Trademark






• List of products/ Services sold under the mark.






• Class of the trademark.






• If priority is claimed, certified copies of the priority documents.

3.ExaminationOn submission of the application, the Trade Marks office will examine the application for previous marks and statutory compliances. Such examinations could lead to the formation of objections. Applicants will be informed and also given an opportunity to reply to such objections.

4.Publication A trade mark will after examination be published in the government gazette subject to the satisfaction of the registrar.

5.OppositionThe criteria of publication often provides an opportunity for third parties to oppose the application within two months of publication. Opposition's are headed by a senior registry officer and involves an exchange of formal statements and written evidence.

6.RegistrationOn completion of objections and opposition a Certificate of Registration will be issued by the trade marks office subject to the payment of a fee. The duration of registration takes a minimum period of 2 -3 weeks. The registration is effective from date of application.

7.ProtectionA trade mark once registered is valid for a term of 10 years and can be renewed every 10 years.

8. Enforcement RemediesInfringement proceedings are instituted in Courts of law and often contain remedies of final injunction, delivery up, damages, account of profits, costs and aggravated damages. Alternatively out of court settlements and various pre-emptive actions are also available. They include temporary injunctions, Anton Piller order and Mareva Injunction.
Charges