IP stands for intellectual property, which refers to creations of the mind that are legally protected. This includes inventions, literary and artistic works, designs, symbols, names, and images used in commerce. Let me explain the main types of IP using my boss’ Rolex watch as an example. (He generously lent it to me for some serious research!)

1. Patent: Protect inventions and new technological processes.

The Rolex Oyster case, which is protected by patents is renowned for its water resistance and robustness. It features a screw-down crown and a hermetically sealed case, which were groundbreaking when first introduced. The patent for the Oyster case design helped Rolex secure its position as a leader in durable and water-resistant timepieces.

2. Trademark: Protect symbols, names, and slogans used to identify goods or services.

The name “Rolex” and its distinctive crown logo are among the most recognized trademarks. The crown logo is a symbol of prestige and quality, featuring a five-pointed crown, and it signifies Rolex’s commitment to excellence.

3. Copyright: Protect original works of authorship like books, music, and films.

Design blueprints, technical drawings, and artistic representations of its watch designs.

4. Trade Secret: Protect confidential business information that gives a competitive edge.

The formulas and processes for creating Rolex’s proprietary materials, such as the special gold alloys (e.g., Rolex’s Everose gold) and ceramic materials used in watch bezels, are trade secrets. These materials are designed to enhance durability and aesthetic appeal.

To own IP in Malaysia, you typically need to go through the Intellectual Property Corporation of Malaysia (MyIPO), which is the government agency responsible for administering and enforcing IP laws in Malaysia. Here’s how you can own each type of IP:

1. Patent:

• Application: File an application with MyIPO. This includes submitting a detailed description of the invention, claims defining the scope of protection, and any relevant drawings.
• Search and Examination: MyIPO will conduct a search and examination to ensure the invention is novel, inventive, and industrially applicable.
• Publication: If the application meets the criteria, it will be published, allowing for opposition.
• Grant: If there are no oppositions and the application passes the examination, the patent will be granted and published in the official gazette.

2. Trademark:

• Registration: File an application with MyIPO. This includes submitting a trademark application form, paying the required fees, and providing a representation of the trademark.
• Search: Conduct a trademark search to ensure that your mark is not similar to existing registered trademarks. MyIPO offers a search service for this purpose.
• Examination: MyIPO will examine your application to ensure it meets all requirements.
• Publication: If accepted, your trademark will be published in the official gazette for opposition. If no opposition is filed, the trademark will proceed to registration.
• Registration: Once approved, you will receive a certificate of registration, granting you exclusive rights to use the trademark in Malaysia.

3. Copyright:

• Automatic Protection: Copyright protection is automatic when a work is created and fixed in a tangible form.
• Registration: While not required, registering with the relevant office can enhance protection and enable legal action.
• Duration: Generally lasts the life of the author plus 70 years (or a set period for works made for hire).

4. Trade Secret:

• Confidentiality: While trade secrets are not registered, you must take measures to keep them confidential. This includes implementing non-disclosure agreements, restricting access, and maintaining internal security practices.

All intellectual property rights are territorial, except for trade secret. This means that IP rights typically apply only within the borders of a specific country or region. However, trade secrets are different. They are not tied to a specific geographical location; rather, they are protected as long as they remain confidential and are not disclosed.

Each type of IP has specific legal requirements and processes, so it’s often a good idea to consult with an IP lawyer to help navigate the complexities of securing and managing your IP rights.