KEY POINTs
- Copyright - Provides protection and enforcement of copyrights and related rights, building upon the World Intellectual Property Organization Internet Treaties.
- Geographical Indications - Includes rules to promote transparent and fair administrative systems for the protection of geographical indications.
- Industrial Designs - Protects industrial designs against unauthorized use, consistent with the Hague Agreement.
- Patents - Ensures patent protection for inventions in all fields of technology; and promotes transparent and efficient patent administration systems.
- Pharmaceuticals – Progression of existing regimes, systems and laws on Patent linkage; Data protection; and availability of early working exceptions.
- Trademarks - Provides protection against infringement; and fosters transparent and efficient rules and procedures across the TPP region.
Summary for Intellectual Property (IP) Obligations
- In general, the TPP’s chapter on intellectual property (IP) sets the new norm not only for member countries, but for future bilateral and regional trade agreements.
- Malaysia seems to be in compliance with most requirements, but there are issues which have generated much concern, e.g. patent term extensions and data exclusivity for biologics, that need to be addressed in order to accede to the TPPA formally.
- Malaysia has been granted transition periods to apply most of these TPP’s obligations.
- Ratify or accede to international conventions and protocols (4 years)
- Trademarks - Types of Signs Registrable as trademarks (3 years)
- Patent Term Adjustment (PTA) (4.5 years)
- Protection for Biologics (5 years)
- Patent Linkage (4.5 years)
- Copyright Term extension (2 years)
- Special Requirements Related to Border Measures – provide for applications to suspend the release of, or to detain, suspected counterfeit or confusingly similar trademark or pirated copyright goods that are imported (4 years)
