The Intellectual Property Corporation of Malaysia (MyIPO) has recently announced that the Malaysian Trademarks Act 1976 will be amended to bring the Act into substantive conformity with international practices. Our attorneys attended a brief discussion with MyIPO and representatives from various local organizations in relation to the amendments, which will be presented at the House of Representatives (“Dewan Rakyat”) in December 2010. The amendments are expected to come into force by end of year 2011. We present below the pertinent changes that will be incorporated into the Act:
Non-Traditional Marks will be accepted as trademarks under the amended Trademarks Act. This change will be beneficial to brand owners who have 3D marks, scent marks, sound marks, animated marks and other non-conventional marks as they can now secure trademark protection for such marks.