Intellectual Property
Masha Sylverster & Co advises clients on the protection, management, and enforcement of intellectual property rights, providing practical legal guidance for both individuals and businesses.
Our approach is focused on safeguarding intellectual assets while aligning legal advice with commercial objectives.
Practical Protection for Intellectual Assets
Our intellectual property practice covers advisory and contentious matters relating to trademarks, copyright, and related intellectual property rights.
We assist clients in understanding their rights, managing risks, and responding to potential infringements in a practical and commercially sensible manner.
Intellectual Property Matters We Advise On
Trademark Advisory
Advice on trademark protection, registration considerations, and related legal issues.
Copyright Matters
Legal advice on copyright ownership, use, licensing, and protection of creative works.
IP Licensing & Commercialisation
Assistance with intellectual property licensing arrangements and commercial exploitation of IP rights.
Infringement & Enforcement
Advice and representation in matters involving alleged infringement and enforcement of IP rights.
Advisory & Risk Management
Strategic advice on managing intellectual property risks and protecting intangible business assets.
Strategic, Commercial, and Practical Advice
Intellectual property rights are among the most valuable assets a business or individual can hold. From brand identity and creative works to proprietary processes and business know-how, protecting these assets is essential to maintaining competitive advantage and preventing unauthorised use. The principal intellectual property legislation in Malaysia includes the Trade Marks Act 2019, the Copyright Act 1987, the Patents Act 1983, and the Industrial Designs Act 1996.
We provide practical legal advice on intellectual property matters for both individuals and businesses — from early-stage protection strategies through to enforcement and dispute resolution. Our approach is to help clients understand their rights clearly and take proportionate, commercially sensible steps to protect them.
Trademarks in Malaysia
A trademark is a sign that distinguishes the goods or services of one business from those of another. Under the Trade Marks Act 2019, registration with the Intellectual Property Corporation of Malaysia (MyIPO) grants the proprietor exclusive rights to use the mark in relation to the registered goods or services. Registration also makes enforcement significantly more straightforward and provides a public record of ownership. We advise on the registrability of marks, potential conflicts with existing registrations, and the registration process generally.
Copyright Protection
Copyright in Malaysia arises automatically upon the creation of an original work — no registration is required. Protected works include literary, artistic, musical, and cinematographic works, as well as sound recordings and broadcasts. The Copyright Act 1987 confers on the author the exclusive right to reproduce, communicate, and adapt the work. While copyright is automatic, maintaining records of creation is important for evidencing ownership should a dispute arise.
IP Licensing and Commercialisation
Intellectual property can generate significant commercial value through licensing arrangements — permitting third parties to use your IP in return for royalties or other consideration. We assist clients in structuring and drafting licensing agreements that protect the owner's rights while achieving the desired commercial outcome. We also advise on the legal implications of IP assignments and the transfer of IP rights in business transactions.
Infringement and Enforcement
When intellectual property rights are infringed, prompt action is important. We advise on the options available — including cease and desist correspondence, court injunctions, and claims for damages. In appropriate cases, we also advise on criminal enforcement options available under Malaysian intellectual property legislation. The approach taken depends on the nature and scale of the infringement and the client's commercial priorities.
Frequently Asked Questions
Do I need to register my trademark in Malaysia?
Registration is not mandatory, but it is strongly recommended. A registered trademark under the Trade Marks Act 2019 provides clear, enforceable rights against infringement and passing-off. Unregistered marks may still be protected under common law, but enforcement requires evidence of established goodwill and reputation, which can be costly to prove in court.
How long does trademark registration take in Malaysia?
The registration process through MyIPO typically takes 12 to 18 months if the application proceeds without objection. The timeline may be extended if a third party files an opposition or if the examiner raises objections. Seeking legal advice before filing can help identify and address potential issues early in the process.
Does copyright need to be registered in Malaysia?
No. Copyright in Malaysia arises automatically upon the creation of an original work under the Copyright Act 1987 — no registration is required. However, rights holders should keep records of their creation process as evidence of ownership in the event of a dispute, as copyright is often a question of who created the work first.
What can I do if someone infringes my trademark or copyright in Malaysia?
Options include sending a cease and desist letter, seeking an injunction from the court to halt the infringement, and claiming damages or an account of profits. In serious cases, criminal complaints may also be available under the relevant legislation. The most appropriate steps depend on the nature and scale of the infringement and your commercial objectives.
What is the difference between a trademark and a patent in Malaysia?
A trademark protects brand identifiers such as names, logos, and slogans that distinguish your goods or services from those of competitors. A patent protects inventions — new products or processes that are novel, involve an inventive step, and are capable of industrial application. Both require registration with MyIPO, but they protect fundamentally different types of intellectual property.