Intellectual Property Cooperation of Malaysia
Intellectual Property Cooperation of Malaysia (PHIM) was established with the enforcement of the Intellectual Property of Malaysia Act 2002 on 3 March 2003 in Malaysia. Then, this cooperation was rebranding with the acronym PHIM becomes MyIPO on 3 March 2005 at the Inaugural National Intellectual Property Day.
Intellectual Property Rights (IPR) was directed by Pejabat Cap Dagangan dan Jaminhak and then this office was renamed to Pejabat Cap Dagangan dan Paten in 1983. The office was managed the jurisdiction of intellectual rights under the Ministry of Trade and Industry. After that, This Ministry was modernized and the office was relocated under the Ministry of Domestic trade and Consumer Affairs which now well known as Ministry of Domestics Trade, Cooperative and Consumerisms among Malaysian and then changed its name to Intellectual Property Division on 27 October 1990. This Division was plays the main role in administered Patent Act 1983, Trade Marks Act 1976, and Copyright Act 1987 in Malaysia.
The division was enforce some new legislation such as the Industrial Designs Act 1996, the layout-Designs of Integrated Circuits Act 2000 in 1999 and the Geographical Indications Act 2000 was came force in 2001. This division were needs to react positive to the developments of intellectual property at both levels of domestics and global, so it was corporatized and recognized as the Intellectual Property Corporation of Malaysia (PHIM). This corporation is accountable for the development and management of intellectual property in Malaysia.
The government was approved the establishment of the Intellectual Property Corporation of Malaysia (PHIM) as a statutory body with full autonomy wher...
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...llectual property assets within the business have been protected. The corporation of MyIPO not only protect the trademarks, logos, promotional, material, confidential information, confidential know-how, processes and shop layouts of the franchise, but it also will play role in Court when action is initiated against the “copycats”.
MyIPO provide license to franchising business where the franchisor can run up the franchisor business because they are the major move in growing franchisor business, brand, and reputation compare with non-franchise business. In addition franchisors need to provide training and business assistance to their franchisees. This helps ensure that all ‘branches’ of the franchisor businesses are presenting a uniform business to the public. It also helps consumers to fulfil their expectations in the market whenever they deal with a franchise.
“Protecting your intellectual property is crucial to your business.” (Hinson, 2014) When business have intellectual property that is going to be popular or helpful in advancing there business, they have to take measures to ensure that the ideas or prototypes are protected from other that may steal the intellectual property. In the United States, many laws or safeguard steps have to be followed in order to preserve the intellectual property. A business owner has the right to protect the intellectual property, because the failure to do so could result in demise of the business itself.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
Philip Lief Group and Lynie Arden. 220 Best Franchises to Buy: The Essential Sourcebook For Evaluating the Best Franchise Opportunities. New York, NY: Random House, 2000. Print.
TM is a government-linked corporation, through its substantial shareholder Khazanah Malaysia (Khazanah), the Malaysian Government’s main investment vehicle. It is a major component of the Kuala Lumpur Stock Exchange Berhad Composite Index. In 2004, a new Group Chief Executive Officer, Dato Abdul Wahid bin Omar was appointed by Khazanah under a general revamp exercise of the GLCs.
Franchise owners do not have the freedom to make changes to their products and services based on their own personal interests or market requirements (Brockhouse, 1989). The parent company is the one instead with the mandate to make such decisions. Independent business owners, despite the high likelihood to have a higher investment cost to start and operate their business, have more control over decisions to invest and what time to do so. In Shania’s case, she has many willing investors and therefore as an independent business owner she has the power to decide whether to include them or not. She can also decide who to include and who not to include as she pleases. Franchises are associated with risks of negative publicity like for instance if one business under the franchise screw up the blame is put on the entire franchise, but for Shania as an independent business owner doesn’t have to worry about such possibilities. Freedom does bring happiness according to online surveys. The greatest reward of being an entrepreneur is the ability to control one’s destiny and the destiny of their business (Jenkins,
...elated Aspects of Intellectual Property Rights) has not only made it easier for companies to register their trademark in one country or another but it has also extended their level of protection against competitors or counterfeiters.
Not having to answer to a corporate boss is the dream of many and the flexibility that owning a business franchise creates provides this option. Success is not reached by simply creating a business, however. The level of success is measured by the size and efficiency of the business. Business growth is the driving force of the economy. The additional jobs and revenues created when a business expands allow the economy to grow at exponential rates. One of the fastest and most popular ways to increase the size of a business is to turn it into a franchise, which can then be purchased by individuals. Franchising provides opportunities that are beneficial to both the parent company and the purchaser. The company that owns the business can expand without having to pay such a large initial cost to open a new store since the franchise purchaser pays a cost to open the business. As well, the company can regulate many of the business activities so that there is a sense of consistency throughout all of the locations. The purchaser is allowed to use the trademarks and goods of the franchise which already have a large market presence. As well, they are provided with training and work standards by the company to help their business run smoothly (Kalnins & Lafontaine, 2004, p.761). Looking at the business model of the world’s largest food retailer, McDonald’s, provides great insight into franchising and business growth in general as well a better understanding of a global business that utilizes the franchising technique.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
With regards to Malaysian Patent Application Requirements, the applicant has to file the patent with the Intellectual Property Corporation of Malaysia (MyIPO), in Kuala Lumpur, or at the branch offices located in Sabah and Sarawak. According to information available in MyIPO website, any person or a company may apply for a patent by applying for an application for standard patent. The life time for standard patent is 20 years. While every case is different, patent application generally consists of two phases. The first phase is the patent application submission to MyIPO.
A franchise, by definition is a legal agreement that allows one organization with a product, idea, name or trademark to grant certain rights and information about operating a business to an independent business owner. In return, the business owner (franchisee) pays a fee and royalties to the owner. This one-time fee paid by the franchisee to the franchisor is referred to as a franchise fee. The fee pays for the business concept, rights to use trademarks, management assistance and other services from the franchisor. This fee gives the franchisee the right to open and operate a business using the franchisor’s business ideas and products. A royalty fee is a continuous fee paid by the franchisee to the franchisor. The royalty fee is usually a percentage of the gross revenue earned by the franchisee. The Federal Trade Commission (FTC) is authorized by the United States Congress to regulate the franchise business. The Federal Trade Commission oversees the implementation of the Franchise Trade Rule, which requires that franchisors disclose all pertinent information to potential buyers of a franchise, and monitors the activities of franchisors.
Making the decision to open your own business is a major life event. Starting a new venture can be exciting as well as rewarding. The first step to becoming a business owner is choosing the type of business you would like to run. This business can be something that you have wanted to start up yourself or you can go with an established franchise. Are you willing to share the profits in exchange for the relative safety of a franchise or would you prefer the risk and rewards of pursuing your own vision? Franchising is a continuing relationship wherein a franchisor provides a licensed privilege to the franchisee to do business and offer assistance in organizing, training, merchandising, marketing and managing in return for a monetary consideration
Intellectual property laws, principles and best practices can vary tremendously from nation to nation and are subject to almost constant change, particularly in the rapidly developing Asian market. In order to be distinctive and successful, therefore, it’s imperative that the company’s strategy has been specifically tailored to the Asian market based on environmental analysis.
The first step in any business is to think of or create a business idea. Without an idea, one cannot launch their business off the ground. A right direction is needed to create a business with a unique idea. However, other options include franchising or buying an existing business (1). Franchising allows an individual to run stores such as Burger King or McDonalds under the corporate name. It involves taking training classes and a heap of money in order to start a franchise. A Franchisee will have to buy products and services from the corporate entity they are franchising from, which is often required. Buying a franchise is like taking a piece of the pie from the company that is franchising and sharing that pie with everybody else. In addition having a franchise allows one to communicate and in essence become a big part of an added business opportunity (4). Franchising is far from easy to start and maintain for that matter. Starting a franchise involves a l...
A franchise is simply investing money in a location or store, and then having the store become your own business after learning how to manage the entire business. You earn the majority of the profits, and you also don't have to worry about operations. You'll be taught by the company on how it run the entire business, and this is the reason why this is a huge and very easy way to become rich. Franchises require quite a hefty investment depending on the business you plan to buy. However, if the business is in high demand, there is profits to be made. Take for exMple the Cold Stone Creamery business. Countless people purchase one of their many franchises. The money is very good, the opportunities are endless, and the fact that there is no more need for advertising is what makes this more worth the investment in the long
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.