MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Nur Jannah Khairul Anuar, LAW Partnership
and Copyright (Collective Management Organisation) Regulations 2022. CMOs in Malaysia primarily administer functions to license copyrighted work, collect and distribute royal - ties and initiate enforcement actions against copyright infringements on behalf of copyright owners. The existing CMOs declared by MyIPO cover a wide range of member representations, such as songwrit - ers, composers, music publishers, recording compa - nies and performers, writers and authors within the publication industry. 3.7 Copyright Registration Copyright registration is not mandatory for works to qualify for copyright protection in Malaysia. However, copyright owners may apply for a Copyright Voluntary Notification (CVN), enabling the copyright owner to rely on the notification issued by MyIPO as prima facie evidence of ownership of the copyrighted work. All CVNs are entered in the copyright register man - aged by MyIPO and are publicly accessible through MyIPO’s IP Online platform. See 3.2 Essential Ele- ments of Copyright Protection . All foreign copyright owners are required to appoint a local representative to assist with filing the necessary CVN applications with MyIPO. The CA 1987 does not provide any requirements for the use of copyright notices and symbols. 3.8 Copyright Application Requirements To initiate a CVN application, the following forms have to be filed with MyIPO. Form CR-1 (Information of Work and Applicant) The following information must be included: • the title of the work (in its original language); • a translation and transliteration (if the title of the work is not in Bahasa Malaysia or English); • an electronic copy of the work (no more than 3GB); and
• the details of the publication of the work, author, owner and licensee (where applicable). Form CR-3 (Appointment of Representative (if Appli - cable)) The details of the representative must be provided. Filing Fees (as of December 2024) The current fee structure is as follows: • Form CR-1 (MYR200); Form CR-3 (MYR30); • administrative fees (for forms filed manually (MYR50); and • for a deposit of an electronic work for every addi - Due to the lack of a copyright registration regime in Malaysia, there are no examination and appeal pro - cesses. Correction of Information on CVN An amendment to a CVN application can be made to MyIPO via Form CR-4 together with payment of the prescribed fee. Clerical errors may be corrected via Form CR-6 along with payment of the prescribed fee. 3.10 Related Rights Copyright can be protected under trade mark and related rights in Malaysia. The current scope of cop - yright laws are not limited based on trade mark or related rights. tional 1GB after 3GB (MYR20). 3.9 Refusal of Registration Refusal of Registration
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
Malaysia adopts the “first-to-use” principle. While it is not necessary to obtain trade mark registration in order to protect a trade mark, a registered trade mark owner will certainly have better rights as compared to the owner of an unregistered trade mark. Only a registered trade mark owner can bring an action for trade mark infringement.
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