Intellectual Property Resources

Franchising & Licensing


Amendments That Will Propel the Franchise Industry Forward


It was recently reported that the franchise industry would have contributed 2.6% or some RM22.5 billion to Malaysia’s total gross domestic products (GDP) in 2012. Consistent with Malaysia’s goal of becoming a high-income country by 2020, the government targets a 4.3% contribution from the franchise industry to the country’s GDP by 2016 and subsequently a 9.4% contribution by 2020.

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Franchising – A Great Method for Business Expansion. But Do It Wisely


Most of us would agree that among all the business strategies for expansion, franchising is one of the most effective and popular choices, especially in the food and beverage (F&B) industry. Such a business expansion method has been proven successful by both local and international brands alike, namely McDonald’s, Subway, Old Town White Coffee and Bangi Kopitiam.

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Franchising A Trip To The Dentist


In this era, most of us buy everything from coffee to burger and apparels to groceries from franchises. We have an endless appetite for convenience. Franchises normally provide handiness and affordable prices to consumers.

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Franchising & Licensing – Know the Differences


Business owners often get confused about Franchising and Licensing. Both of them are considered as a means of business expansion method undoubtedly but their differences should be taken into deep consideration before selecting an expansion method. While all franchisees are in effect licensees, not all licensees are franchisees.

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Patent & Industrial Design


Important Amendments To The Patent Act of Japan Comes To Effect On 1 April 2012 – Expansion of application of “Exception To Lack Of Novelty Of Invention” (Article 30)


In Malaysia, according to Section 14(1) and (2) of the Malaysian Patents Act, an invention is considered new if it is not anticipated by prior art, which means it should not be disclosed to the public, anywhere in the world, by written publication, by oral disclosure, by use or in any other way, prior to the patent application claiming the invention.

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Motivators and Conditions for Innovation


The wheel, airplane and light bulb are among some of the major inventions of all time. The wheel brought to the existence of automobiles, bicycles and conveyor belts and thus we enjoy land mobility. The airplane led to the subsequent existence of the helicopters, gliders and jet planes, which gave us the convenience of air mobility. The light bulb gave birth to the existence of the fluorescent light, vehicle headlamps, spotlights and LEDs providing us everlasting light source. In the construction industry, several high achievements of inventors in the past have led to many further greater constructions.

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Patent Commercialization


As a developing country, Malaysia needs a mass amount of innovation in its quest to become a developed country. According to the INSEAD & WIPO’s Global Innovation Index 2012, Malaysia is ranked 32nd in the world. Malaysia is ranked second among the countries with upper middle income status, behind Latvia. Malaysia is ranked seventh among South East Asian and Oceania countries, behind Singapore, Hong Kong, New Zealand, South Korea, Australia and Japan.

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Filing for an International Patent Application


Patents, like trademarks and Industrial Designs, are territorial by nature. Therefore, inventors and companies usually find themselves faced with the demands of multiple filings when they need to register their patents in more than one country.

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Industrial Design Registration Criteria


Generally, the criterion for a design to be registrable in Malaysia is that it must be “new” at the point the application is filed. This means that as long as the design has yet to be seen anywhere in the country, it will be considered to meet the above criterion.

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Is Patenting Necessary and Worthwhile?


Filing an invention for a patent registration involves a considerable amount of time and financial investment. Therefore, before you take the plunge into patenting, we recommend that you go through the following checklist to determine if the decision would be worth the time, money and effort spent.

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Is Your Invention Patentable?


Does it meet the three criteria for a patentable invention?
Is it new, inventive and industrially applicable?

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Patents, Utility Innovation and Trade Secrets – How Do They Compare?


Not all inventions can be patented, and not all inventions would be worth the time, money and effort spent in filing it for patent protection. For example, it is very common for companies to improve on existing inventions, resulting in another invention which is new and industrially applicable, but not quite inventive.

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Patent Registration & Innovation – Success Stories from Malaysia and the World


According to statistics from the Malaysian IP Office (MyIPO), there has been a 28% increase in the number of local patents filed in Malaysia between year 2005 and 20072.
This upward trend augurs well for Malaysia as we seek to become a more IP aware and IP centric society. If we truly aspire to become one of the leading economies in the world, we need to innovate and pave ways for others to follow.

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Trademark & Copyright


What is a Trademark?


Every person or object needs a name for the purpose of identification. A product or a service is no different.

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Why is a Trademark so Important to Your Business?


Let’s go back to the Cola example. Perhaps you stop reading for a while and asked someone which brand of Cola they preferred. We are still sure that their answer was either Coke or Pepsi.

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Begin with Choosing The Right Trademark


While there will never be a hundred percent guarantee as to which mark will work best, following some basic guidelines in selecting a trademark will be helpful. As a general rule, avoid terms that are descriptive of your product or service e.g. ‘Superior Mix’ for a pancake or pastry mix, or ‘Beautiful’ for a cosmetics range. Other terms to avoid are geographic terms and surnames.

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Get The Trademark Protected


Once you have selected a trademark, protect it from infringement and safeguard your rights as the owner by getting it registered

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Maintain Your Trademark Through Proper Use


A trademark registration is meant to be valid indefinitely; however this validity has to be maintained through proper use of the trademark.

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Monitor/Police Your Trademark


It is important that you monitor and keep an eye on other industry players from time to time. This way, you would know if any of your competitors are using trademarks similar to yours. Usually, this trademark monitoring and policing activities are carried out by the sales and marketing teams as they are the ones with the highest market and competitor exposure. Common methods are routine market surveys, Internet searches and news through the grapevine.

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Protecting Your Chinese Trademark


Have you ever considered protecting your Chinese trademark whenever you export your goods into Chinese market? Or did you think that having a Western trademark registration is sufficient?

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Why is Trademark Registration an Investment and Not an Expense?


We are not suggesting that having a unique and attention-grabbing trademark should override the importance of quality and pricing.

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Funeral For A Brand – How It Becomes Generic


Do you know that ‘Escalator’ was a trademark once upon a time? Not many can recall or are even aware that it was a trademark that was owned by Otis Elevator Company. But in 1950, the owner lost its case and lost its proprietary right to own ‘Escalator’ as a trade mark because it was recognised by the general public as the common description for a moving staircase. And that is an example of ‘genericide’.

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Passing Off of Trade Name


A business which has been in the industry for many years trading under a same trade name will most often acquire goodwill and reputation in the eyes of its customers. The brand and/or trademark carried under the said business will often be one of the most important deciding factors of customers as they will equate it to elements such as quality, great customer services and etc.

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Get Your Brand In The ‘Basket’ Today


This newly introduced scheme known as Basket of Brands (BOB) by the Ministry of Domestic Trade, Cooperatives and Consumerism (MDTCC) that seeks to protect companies against copyright infringement and sale of counterfeit goods is definitely one to be applauded.

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Others


Domain Cybersquatting


The TATA Group is one of India’s largest and most respected business conglomerates, incorporated in 2004, a JV between the TATA Group and Sky Broadcasting Group Plc. TATA endeavours to offer Indian viewers a world-class television viewing experience through its satellite television service and has become a household brand in India and generated enormous goodwill.

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The Straw


The straw, or a more precise term – the drinking straw has quite an interesting history. The first straws were made for the very purpose of drinking beer, something we hardly see these days anymore. Sumerians were the first to produce straws which they used to consume beer to avoid the solid byproducts of fermentation.

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