Introduction to intellectual property

1. What is intellectual property? Briefly explain the 3 types or major forms of intellectual

property.

Copyright

2. What type of works can be protected under Copyright Act 1987 ('CRA 1987')? Give an

example of each type of work.

3. Discuss types of original works eligible for protection under Section 7 CRA 1987.

Provide an example for each type.

4. Julia is a new Creative Director in literary, musical and artistic works. She wants to know the qualifications for copyright protection. Advise Julia on these qualifications.

5. Shiny, popular K-Pop female band composed a new song "All About You". The song

was recorded in a studio and the copy of the sound recording of the song was first released to the public in South Korea on the 1st January 2020. Shiny plans to visit Malaysia in 20 January 2020 and ask you if their song is qualified to be protected under Malaysian Copyright Act 1987.

6. Afiq uploaded a 30-minute video, a scene partially taken from a movie "The Outsiders"

in YouTube for general viewing. The movie was produced by Primeworks Studio. Advise

Afiq whether he has infringed copyright of the producer of the movie.

Patents

7. In the Patents Act 1983 ('PA 1983'), Section 11 states certain requirements that must be

satisfied in order for an invention to be patentable. With reference to PA 1983, briefly

explain these requirements.

8. State whether the following "inventions" are patentable or non-patentable, giving reasons

for your answer:

(a) Stephen has formulated a scientific theory to explain why light travels in a straight

line.

(b) Zeta discovered a new species of orchid growing in her backyard.

(c) A warehouse manager at work developed a computerized method to control

inventory of goods.

(d) Abu, a competition cyclist, invented a gear system that maintains speed when

going uphill.

(e) Dr. Lim, an eye specialist, discovered a method of curing an eye sight problem.

He invented a special clip needed for his method.

(f) Ben discovered a new memory technique for brain development.

(g) Dr. Lee has created a new way to treat cancer by therapy and;

(h) Dr. Tan has invented a surgical tool for use in brain surgery.

Trademarks

9. Explain the definition of "trademark" with reference to the Trade Marks Act 1976 ('TMA

1976'). Compare and contrast with the definition under the new Trademarks Act 2019

('TMA 2019').

10. Ali is carrying on a business of travel agency under the name of Ali Maju Travel & Tours. He wishes to register his business name as trademark. He would like to know what marks are registrable and whether his business name is a registrable trademark.

11. Azmi has a business of selling nasi lemak every morning in Wangasa Maju. He learnt

how to make nasi lemak by using a secret recipe he inherited from his grandmother. His

nasi lemak is now the most talked-about nasi lemak in the area. He calls his nasi lemak

as 'Azmi's Nasi Lemak' and intends to register it as trademark. Meanwhile, Hazmi opened a new business in Wangsa Maju and he is also selling nasi lemak. He advertised his business by using the name 'Hazmi's Nasi Lemak'. Azmi has registered his trademark, and now he wants to know whether there is an infringement of his (Azmi) trademark, and if there is, whether he can take legal action for infringement against Hazmi.

Copyright, Patents or Trademarks?

12. The following situations can fall either under the Copyright Act 1987, Patents Act 1983

and/or the Trademarks Act 1976 / 2019. You are required to identify and state your reason

why these them can be protected as copyright, patent or trademark.

(a) Zuraidah, a microbiologist, in her research on bacteria, discovers a new strain of

yeast that works better than baking powder. She also wrote an article about her

research and publish it in an academic journal.

(b) Zed developed a hamburger recipe and brand named it 'Zed's Double Joy'.

(c) Wong invented a wheel stabilizer which can make cars take corners at high speed

without slowing down. He intends to market his invention for sale under the

name "Superwheel" to distinguish his invention and business with other traders.

(d) Jane's Child Learning Centre had a specific layout with fixed colour scheme and

setting. She intends to franchise her business eventually.

(e) Dr. Bo developed a man-made virus for use in medical research to prevent flu.

(f) Khairul proposed to produce a new TV series based on a very popular horror

movie "Pontianak" produced by a famous Malaysian director, Yusof. He also

composed a soundtrack for the series entitled "Dendam", and the lyrics will be

written by Husaini.