MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Ashlyn Kwong, LAW Partnership
Copyright Assignments Assignment of copyrights must be in writing to be deemed valid in Malaysia. Due to the lack of a copyright registration regime in Malaysia, there is no legal requirement to record the assignment with MyIPO. Copyrights are also transmissible, which gen - erally include situations involving the death of a copyright owner and is executed by way of testamentary disposition. All assignments/testamentary dispositions may be limited to only apply to acts which the copy - right owner is exclusively in control of, the period of the copyright or a specific country or geo - graphical area. 6.2 Licensing Requirements or Restrictions Trade Mark Licences Licences for trade marks may be exclusive, non- exclusive, general or limited (in respect of goods and services or locality) and will only be deemed effective provided it is in writing and signed by or on behalf of the licensor. Registered trade marks By default, a licence to use a registered trade mark will be binding on every successor in title to the licensor’s interest unless: • a person who has in good faith and without any notice of the licence, given valuable consideration for the interest in the registered trade mark; or • the licence provides otherwise. Trade mark licences may be perpetual so long as the licence provides for the same and the regis - tration remains valid.
Although not mandatory, recording the licence with MyIPO is highly recommended as this will constitute public notice of the licence, thereby strengthening the rights of the licensee. Unregistered trade marks The rights of licensees of unregistered trade marks are limited to those provided under com - mon law. Copyright Licences Licences for copyrights are required to be made in writing before deemed to be valid and effective. The licence need not be recorded as Malaysia does not have a copyright registration regime. In any event, the licensor is free to determine the nature and scope of copyright to be licensed. The period of licences can be negotiated between parties so long it is within the awarded term of protection stipulated under the CA 1987 (see 3.5 Term of Protection and Termination ). 6.3 Registration or Recording of an Assignment or Licence See 6.1 Assignment Requirements and Restric- tions and 6.2 Licensing Requirements or Restrictions . 7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits Generally, claims for both copyright and trade mark infringement must be commenced within six years from the act of infringement. A claim not brought within the prescribed time may be considered time barred.
302 CHAMBERS.COM
Powered by FlippingBook