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Malaysia

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Contents


Statutes

Section 13(1)(a) excludes from patentable subject matter "discoveries, scientific theories and mathematical methods" and paragraph (c) excludes "schemes, rules or methods for doing business, performing purely mental acts or playing games". There is no specific section in the Malaysian Patent Act 1983 dealing with computer software related inventions.


Regulations

Malaysia has adopted a modified system in its examination of patent applications. Malaysian applications with claims in conformity with those approved in other countries will be accepted for registration in Malaysia once a patent is granted by those other countries.


Case Law

Malaysian patent grant number MY-100183-A is a patent granted to NEC Corporation for a traffic data system. A central processor collects traffic data from a plurality of exchanges for storage and updating. The patent was issued in the United States and the Malaysian application proceeded to grant under the modified system of examination. (1)


Endnotes

1. Jayaram, H; "Patentability of Computer Programs in Malaysia - Pointers from Overseas"; [1993] 2 Malayan Law Journal, xcii.


Trade-Marks


Copyright


Trade Secrets


Industrial Designs


Chip Protection

There is no legislation in Malaysia for the protection of layout designs of integrated curduits.

Malaysia is a signatory to the TRIPS agreement and is given a transitional period of five years until January 1, 2000 to enact a new law on semiconductor chip protection 


Information Technology


Biotechnology


Acknowledgements: Thanks to H. Jayaram of Ram Rais & Partners, G.P.O. Box 12479, 50780 Kuala Lumpur, Malaysia

hariram@ramrais.po.my


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