Copyright
Intellectual Property
Copyright is the exclusive right to control creative works by the owner for a defined period under the Copyright Act 1987. Such works include literary works, musical works, artistic works, films, sound recordings, broadcasts, and derivative works.
Copyright is automatically conferred upon a work, if it is:
- Original and reduced to material form
- Belongs to one of the categories of protected works
- Qualifies for protection by virtue of the author belonging to
- The works being made available in a Berne Convention member country, which includes Malaysia
While it is not necessary for copyright to be registered, notified, or deposited with any authority for copyright to subsist in Malaysia, a copyright voluntary notification may be filed with MyIPO. Once processed, a certificate of notification of copyright will be issued which acts as prima facie evidence of the ownership in the copyright. Alternatively, a copyright owner may also assert copyright ownership by affirming a statutory declaration pursuant to Section 42 of the Copyright Act 1987 (commonly known as a Section 42 SD).
Copyright VS Trademark
Given that copyright will expire after a fixed duration, certain works which are eligible for trademark protection such as distinctive artistic works, logos or sounds which are used to identify a trader should also be filed as trademarks since such registration can last for an indefinite period upon renewal every 10 years.
Our team of experienced professionals are able to provide specialist advice on the best strategies to manage, commercialise and enforce your copyright.
We have assisted clients including:
- Various brand owners and designers across various industries with their copyright portfolios in Malaysia.
- Working closely with our trusted network of foreign associates to coordinate copyright filings and resolve related issues throughout the world.
Our firm has been recognised as:
- Copyright Firm of the Year by Asia IP across various years.
- Ranked in many prominent legal directories such as Legal 500 and Chambers and Partners.
Team Members
Wong Jin Nee
Partner
Partner
Teo Bong Kwang
Partner
Partner
Lim Yean Yean
Partner
Partner
Joanne Kong
Partner
Partner
Eugene Ee
Partner
Partner
Joyce Tan
Associate
Associate
