May the glow of Diwali illuminate your path to success and happiness in 2023! Wishing you a year filled with light, love, and endless celebrations.

Happy Diwali!

#ExyIP#deepavali#diwali#intellectualproperty

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These are just a few examples of the diverse ways in which IP financing can be harnessed to unlock the value of intellectual property assets, stimulate innovation, and drive economic growth.

#exyip#intellectualproperty#ipfinancing#licensing#royalty#franchising#business

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Companies often need funding to expand, innovate, or simply operate, and traditional sources of financing might not always be sufficient or available. Intellectual property financing aims to unlock the value of a company’s intangible assets to support its financial needs.

#ExyIP#IntellectualProperty#financing#intangibleassets#expand#innovate

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To effectively secure your intellectual property, it is important to enforce the entire legal framework for protection.

It was such a productive meeting with LUMI Beauty. As a go-to IP expert, we often advise on how to strategically leverage your IP assets, conduct comprehensive research to detect potential infringements, and provide guidance on various aspects of IP protection, among other services.

#exyip#intellectualproperty#commercialization#trademark

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Exy IP was thrilled to participate in the AIPPI World Congress in Istanbul, connecting with investors, businesses, and various stakeholders. The mission was to delve into the significance of IP resolutions and the driving force of the future IP landscape while discussing opportunities and trends in e-commerce, retail, exports, and the business world.

Engaging in productive dialogues and exchanging ideas with brilliant minds was truly refreshing. Until next time AIPPI!

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The Patent Cooperation Treaty (PCT) is a patent protection treaty which involves more than 150 countries and territories. It was concluded in 1970 and allows an inventor to seek patent protection in more than one country at the same time. This treaty was deemed necessary because many inventors sought the sale and commercialization of their products abroad.

The PCT does not only assist patent applicants with patent protection in other countries. It enables patent offices to make decisions about the granting of patents. The PCT also provides members of the general public with access to much information about protected inventions.

Any country or territory which is part of the Paris Convention for the Protection of Industrial Property may also become part of the PCT. Today, almost all countries of the world adhere to the PCT and its regulations over patents.

How the PCT Works

The establishment of the PCT allowed inventors to begin filing international patent applications. All inventors who are nationals or residents of a PCT member may file such an application.

International patent applications under the PCT are to be filed in the patent office of the inventor’s home country, country of residence, or the International Bureau of WIPO. A PCT application also sets a filing date in a member jurisdiction. However, the application does not directly result in the granting of a patent. National and regional patent authorities are to make the final decision about the granting of the patent.

The PCT Procedure

Patent applications filed under the PCT must go through a six-step procedure. 

1. Filing. An international application is to be filed with a national or regional patent office. This application must comply with formality requirements, be in one language, and be accompanied with a fee payment.

2. International search. The international search identifies documents and technical literature which determine the patentability of an invention. It ends when the relevant authorities make a decision on the invention’s patentability. 

3. International publication. The international publication takes place 18 months after the earliest filing date. It publicly discloses all content of the international application. This allows anyone who requires information about the application to access it.

4. Supplementary international search (optional). The supplementary international search is used to identify documents which were not found in the international search.
   
5. International preliminary examination (optional). The international preliminary examination performs an additional analysis on an invention’s patentability.

6. National phase. The national phase usually takes place 30 months after the filing date of the initial application. In it, applicants pursue the grant of a patent directly from a national or regional patent office.

Benefits of the PCT

There are many benefits which the PCT provides to applicants. For example, all international patent applications which are in the form prescribed by the PCT cannot be rejected on formal grounds by any PCT member’s national patent office during the national phase. It also saves applicants much time and effort because the non-PCT method may take up to five years in certain instances.

Third parties who may submit patent-related observations also benefit from the PCT. These third parties may make use of a system which allows them to make observations through references to prior art. They can better assess the patentability of any invention because applications are published together with an international search report.

In addition, national patent offices can use the PCT to their advantage. The international search report, written application, and if necessary, the international preliminary report greatly reduce the search and examination work which these offices are to conduct.

WIPO’s Role in the PCT

The World Intellectual Property Organization (WIPO) administers the PCT. It performs several key tasks pertaining to all filed PCT applications. WIPO receives and stores all application documents, provides legal advice upon request to patent offices and users, translates documents, performs formality examinations, and communicates documents to patent offices and third parties, among other duties.

WIPO also coordinates the entire PCT system and provides assistance to members and their national patent offices. To spread awareness about the PCT, WIPO publishes the PCT Applicant’s Guide and PCT Newsletter, organizes PCT training courses and seminars, and creates and communicates PCT information online. Finally, WIPO serves as the Secretariat to the PCT Working Group and the PCT Assembly.

This article is brought to you by Exy Intellectual Property Malaysia and Singapore.

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Climate change is the most grievous issue the world struggles with today. 

It is the root cause of an increase in extreme weather events, a rise in global sea level and air temperatures, and the extinction of many species. Therefore, it is imperative that governments and organizations all over the world take steps to control climate change and preserve the world’s environment. 

Intellectual property can play an important role in addressing climate change issues. This applies internationally as well as in Malaysia. Qualified trademark agents in Malaysia from an established IP firm can assist in the struggle against climate change by carrying out their duties responsibly.

Intellectual Property and Climate Change

Though they may appear to be disparate areas of interest, intellectual property and climate change intersect in several important ways. For example, the UN Framework Convention on Climate Change (UNFCCC) mandates the development and distribution of climate technologies which combat climate change. This framework is backed by the TRIPS Agreement which protects these technologies by providing standards for the availability, acquisition, and enforcement of intellectual property rights for all related items, including those intended to tackle climate change.

Intellectual property protections do much to promote the innovation and distribution of green technologies. 

Since intellectual property protections ensure that the production of these technologies are unimpeded, further developments and innovation will take place. In turn, many positive effects on the climate and environment will result. This is true globally as well as in Malaysia; copyright registration and other forms of intellectual property protection can also protect the country’s environment by combating climate change.

How Intellectual Property Facilitates Access to Climate Technology

Proper intellectual property protection for climate technology makes such technology more accessible. If someone who owns a patent for a form of climate technology licenses these technologies to a firm, they can often be certain that there will be ample protection against infringements. In addition, when base technologies are protected by intellectual property rights, the process of negotiating for access hinders those who would unlawfully create substandard replicas of climate technologies. Any trademark agent in Malaysia or elsewhere can strengthen the prevention of such unlawful climate technology creations. Some climate change experts have even noted that solutions to address the different amounts of access to climate technologies can stem from a human rights analysis as studied through the parameters laid out in the TRIPS Agreement. The TRIPS Agreement can increase access while at the same time incentivizing innovation.

The Global Patent Framework and Climate Change

Intellectual property bodies around the world have implemented policies which aid the reduction of climate change. Many of them prioritize the processing of patent applications related to green technologies. Some even do so despite the fact that such an application might not fulfill all the requirements for this elevated priority. Other bodies provide extensions to the duration of patent protection afforded to climate technologies. Still others plan to provide exclusive marketing rights for climate change technologies. No matter the policies in force, all underscore the intellectual property bodies’ commitment to facing up to one of humanity’s greatest challenges – climate change.

WIPO and Climate Change

The World Intellectual Property Organization governs all intellectual property matters all over the world. Thus, anyone who seeks copyright registration in Malaysia, trademark services in Malaysia, or the same services anywhere else will be certain that these services will be carried out according to WIPO’s stipulations.

WIPO has repeatedly stated its commitment to reducing climate change. It is committed to enabling the diffusion of green technologies to all parts of the world. By ensuring the proper enforcement of intellectual property rights, WIPO facilitates innovation in the field of climate technologies.
WIPO also contributes to the fight against climate change in several other ways. It supplies thorough information and objective analyses of intellectual property issues to encourage dialogue on worldwide climate change policies. WIPO provides intellectual property rights expertise to the UN and other major organizations whenever intellectual property and innovation as they relate to climate change are discussed. Finally, to encourage innovation and diffusion of technologies which alleviate climate change, WIPO runs an online platform known as WIPO GREEN.

This article is brought to you by Exy Intellectual Property

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Many who are only just becoming familiar with the details of intellectual property might confuse two forms of intellectual property: service marks and trademarks. This is understandable because these two types of intellectual property share certain features. Some of these similarities involve matters such as registration, scope of protection, and infringement, among others. There are also certain differences between service marks and trademarks. It is important to understand these similarities and differences before registering a trademark in Malaysia or anywhere else.

Scope of Protection

The primary difference between trademarks and service marks lies in the scope of items to which they provide intellectual property protection. Trademarks are words, names, symbols, devices, or any combination of the preceding which are used or intended to be used for two distinct purposes. The first use of this form of intellectual property is to distinguish goods manufactured or sold by one entity from those manufactured or sold by another. The second is to indicate the source of the goods.

Service marks provide similar protective functions to trademarks. Like trademarks, service marks are words, names, symbols, devices, or any combination of the preceding which are used or intended to be used for purposes of distinction and indication of source. However, the difference between service marks and trademarks lies in the very name “service marks”. Intellectual properties which are defined as service marks only protect services while trademarks protect goods and services.

Symbols for Trademarks and Service Marks

To indicate a trademark, the symbol “” may be used. This symbol may be applied to any trademarked goods or trademarked services in Malaysia or any other country. Similarly, all services which have received a service mark may use the symbol “SM”. After a trademark or service mark has been registered, the owner of the mark may use the “R” symbol instead. The “R” symbol provides evidence that the trademark or service mark in question is entitled to the intellectual property protection afforded by registration.

In most countries including Malaysia, the use of the “R” symbol by one who has not received a certificate of registration is a violation of intellectual property laws. The “R” symbol as used in Malaysia denotes a registered service mark or registered trademark in Malaysia; the same line of logic applies to the use of the same symbol abroad. In addition, those who have a registered trademark or service mark may appoint a third party to use it for business purposes. This third party may also make use of the associated intellectual property rights.

Miscellaneous Similarities and Differences

There are several other similarities and differences between service marks and trademarks. In Malaysia, service marks and trademarks are both protected by two laws regarding intellectual property: the Trademarks Act 2019 and the Trademarks Regulations 2019. Through these intellectual property laws, there is ample protection for all registered service marks and registered trademarks in Malaysia. Owners of trademarks and service marks alike may prevent any unauthorized person from using the marks, benefit from renewable 10-year intellectual property protection periods, and assign or license the use of the marks as deemed suitable.

Due to the respective natures of service marks and trademarks, there are several industries which primarily make use of service marks and their associated intellectual property rights. Examples of these industries are advertising, banking, hospitality, insurance, and graphic design. In almost every other industry in Malaysia and elsewhere, trademarks are the predominant form of intellectual property protection.
Through this article on service marks and trademarks, perhaps you will have begun to understand how these forms of intellectual property work, their similarities and differences, and which would be suitable for you to use. Whether it’s a service mark or trademark which you will own, get it protected as soon as possible – doing so will bring you and your business countless benefits.

This article is brought to you by Exy Intellectual Property

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Trade secrets are business processes or practices which are not to be known by anyone outside the business. Trade secrets usually come about as the result of internal research and development. Any information considered to be a trade secret can provide a business with a significant competitive advantage.

Trade secrets can be classified as a form of intellectual property rights. As is implied by their name, they are related to confidential information related to a business. Like other intellectual property rights, trade secrets may be sold or licensed if their owner deems such a measure necessary. Trade secrets are usually protected by multiple confidentiality clauses, physical barriers, and non-disclosure agreements.

Information Which Qualifies as a Trade Secret

Not all information related to a business will necessarily qualify as a trade secret. In most cases, the information in question must fulfill specific criteria. The information must have commercial value as a result of its secret nature. It must also be known to a limited group of people. These people will usually be part of the business itself or closely linked to it. In addition, the rightful owner of the information has to be able to take steps to protect it and keep it secret. This may involve the use of confidentiality agreements for employees as well as business partners.

Information Protected by Trade Secrets

Trade secrets offer a great deal of protection for information which requires it. Most of the information which is protected by trade secrets is usually either technical or commercial. Technical information includes information concerning topics such as pharmaceutical test data, designs and drawings of computer programs, and information related to manufacturing processes. Commercial information includes advertising strategies, distribution methods, and lists of suppliers and clients. Some of the other information which trade secrets may protect include source codes, formulas, recipes, and financial information.

It is also possible for the information protected by trade secrets to be made up of a combination of elements. In such an instance, each element of the protected information is available to the public. However, the combination of these elements is kept secret and thus protected.

Protection Offered by Trade Secrets

In most legal systems, trade secrets protect confidential information through the concept of protection against unfair competition. The protection which trade secrets offer can also be linked to case law on the protection of confidential information. Unfair practices which violate the terms of the protection provided by trade secrets include industrial or commercial espionage, breach of confidence, and breach of contract. However, trade secrets do not protect the use of the same information by others if they acquired or developed this same information through independent means.

Trade Secrets in Malaysia

According to Malaysia’s laws, trade secrets must be information which is both confidential and reasonably protected. “Confidential” is defined as not being readily available to individuals engaged in the industry and neither being in the public domain nor having been disclosed to the public. “Reasonably protected” is defined as information which the trade secret’s owner explicitly states to be a trade secret.

In Malaysia, trade secret laws are enforced through contracts rather than through any specific legislation. Any cases related to the violation of trade secret protection are to be taken to the country’s main court system instead of the specialized Intellectual Property Court.

A trade secret is both a great privilege and responsibility at the same time. If your business has any trade secrets, you can use them to provide your business with a powerful competitive advantage, allowing it to stand out and establish itself as a leader in its field. However, if your business has trade secrets but you do not do what is necessary to protect them, you will soon find that your business is at risk of future difficulties because what should have been confidential is now common knowledge. With this fact in mind, make use of trade secrets to guard your business’s private information; do not let them fall into the wrong hands.

This article is brought to you by Exy Intellectual Property Malaysia

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