Intellectual property in Malaysia

Having an Australian trade mark, patent, design right, or plant breeder’s right (PBR) doesn't secure protection in Malaysia. Here's how you can protect your IP in Malaysia.  

If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.

Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.

What types of IP can you register?

In Malaysia, you can protect your IP with a trade mark, patent, design right or PBR.

What to consider

Before applying, make sure you:

  1. Understand what's considered a trade mark in Malaysia and if your trade mark is eligible for protection

  2. Consider whether you should apply for a trade mark in Australia first

  3. Know the cost of applying for a trademark in Malaysia and through the Madrid System

  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in Malaysia. An IP professional can help you with this. 

How to apply

There are two ways to apply for a trade mark in Malaysia:

  1. Through the Intellectual Property Corporation of Malaysia (MyIPO)

  2. Through the Madrid System.

Apply via MyIPO  Apply via the Madrid System

What to consider

Before applying, make sure you:

  1. Understand what's considered a patent is in Malaysia and if your idea is eligible for protection

  2. Consider whether you should apply for a patent in Australia first

  3. Know the cost of applying for a patent in Malaysia

  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been published. An IP professional can help you with this. 

How to apply

There are 2 ways to apply for a patent in Malaysia:

  1. Through the Intellectual Property Corporation of Malaysia (MyIPO)
  • If you have a provisional application, you'll need to file within 12 months to secure your priority date.

  1. Through the Patent Cooperation Treaty (PCT)

  • If you have an international application, you can apply to MyIPO and convert this into a Malaysian patent application. This is called 'entering the national phase'.

What to consider

Before applying, make sure you:

  1. Understand what's considered a design right is in Malaysia and if your design is eligible for protection

  2. Consider whether you should file your design right application in Australia first

  3. Know the cost of registering a design right in Malaysia

  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design hasn't already been protected in Malaysia. An IP professional can help you with this. 

How to apply

To register a design right in Malaysia, apply directly to the Intellectual Property Corporation of Malaysia (MyIPO).

Apply via MyIPO

What to consider

Before applying, make sure you:

  1. Understand what's considered a PBR in Malaysia and if your plant variety is eligible for protection

  2. Consider whether you should apply for a PBR in Australia first

  3. Know the cost of registering a PBR in Malaysia

  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been protected in Malaysia. An IP professional can help you with this. 

How to apply

To register a PBR in the Malaysia, apply directly to the Department of Agriculture (DOA).

Apply via the DOA

What other IP can you register?

Malaysia also administers IP rights for copyright, integrated circuit layouts and geographical indications.

 Copyright

As in Australia, copyright in Malaysia arises automatically when creative material is made. However, Malaysia also operates a system where copyright can be registered with the Intellectual Property Corporation of Malaysia (MyIPO).

Integrated circuit layouts

MyIPO is responsible for registering integrated circuit layouts in Malaysia.

Geographical indications

MyIPO is also responsible for registering geographical indications in Malaysia.

What has protection without registration?

Trade secrets

There's no formal application or registration process for trade secrets in Malaysia.

Further guidance

  • To learn more about intellectual property in Malaysia, visit MyIPO.

  • To find out more about Malaysia's World Intellectual Property Organization (WIPO) membership, check out Malaysia's WIPO member page.

  • If you're considering exporting to Malaysia, the Export Council of Australia provides information on licensing, clearances, access to finance and trade agreements.

  • For information about Malaysia's export market and economy, you can check Austrade and DFAT's profiles on Malaysia.

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