MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Ashlyn Kwong, LAW Partnership
Form CR-3 (Appointment of Representative (if Applicable)) The details of the representative must be pro - vided. 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 additional 1GB after 3GB (MYR20). 3.9 Refusal of Registration Refusal of Registration Due to the lack of a copyright registration regime in Malaysia, there are no examination and appeal processes. 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 pay - ment of the prescribed fee. 3.10 Related Rights Copyright can be protected under trade mark and related rights in Malaysia. The current scope of copyright laws are not limited based on trade mark or related rights. 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
as songwriters, composers, music publishers, recording companies 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 managed by MyIPO and are publicly accessi - ble through MyIPO’s IP Online platform. See 3.2 Essential Elements of Copyright Protection . All foreign copyright owners are required to appoint a local representative to assist with fil - ing 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 Eng - lish); • an electronic copy of the work (no more than 3GB); and • the details of the publication of the work, author, owner and licensee (where applica - ble).
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