Copyrights is giving the holder some exclusive rights to control some reproduction of works of authorship, for a certain period of time. The products such as books and music have the copyrights. Copyrights in a work vests initially in the author (writer, composer, maker of the work, etc). However, where the making of a work is made by an employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in the person who commissioned the work or the employer. The author's right is transferable by assignment, testamentary disposition or by operation of law, in which case the assignee shall be the owner (see www.myipo.gov.my). It also provides owner of an original work five rights, which are reproduction, distribution, public display, public performance and production of derivative works. Works that are eligible for protection are literary works, musical works, artistic works, films, sound recordings, broadcasts and derivative works (see www.myipo.gov.my).
Patent
A patent is a document issued by the government office which describes the invention and creates a legal situation in which the patented invention can normally only be exploited (made, used, sold, imported) by or with the authorization of the patentee (see www.lawyerment.com.my). It provides owner with exclusive right to the invention. Owner can prevent invention for 20 years.
Trademark and Service Mark
A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these. A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader (www.myipo.gov.my). The example of trademark are Service marks consist of letters, words, symbols, and other devices that help inform consumers about the origin or source of a particular service. Roto-Rooter is an example of a service mark used by a familiar plumbing company (West's Encyclopedia of American Law).
Trade Secret
Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret (see http://www.wipo.int). It never expires and not appropriate for all intellectual properties, such as movie. The example of trade secret are the formula for Coca-cola and Colonel Sanders recipe for fried chicken (www.shewchukip.com).
Reference
Perbadanan Harta Intelek Malaysia Official Website (2011).
Retrieved on November 10, 2011
http://www.myipo.gov.my/en/copyright/general-information.html
Lawyerment.com.my (2011)
Retrieved on November 10, 2011
http://www.lawyerment.com.my/intellectual/patent.shtml
Shewchuk IP Services (2011)
Retrieved on November 10, 2011
http://www.shewchukip.com/patent%20examples.htm
Perbadanan Harta Intelek Malaysia Official Website (2011).
Retrieved on November 11, 2011
http://www.myipo.gov.my/en/trade-mark/general-information.html
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
Retrieved on November 11, 2011
http://legal-dictionary.thefreedictionary.com/Service+Mark
Askville (2011)
Retrieved on November 11, 2011
http://askville.amazon.com/symbols-%C2%AE%E2%84%A2%C2%A9/AnswerViewer.do?requestId=8842819
World Intellectual Property Organization (2011)
Retrieved on November 11, 2011
http://www.wipo.int/sme/en/ip_business/trade_secrets/trade_secrets.htm
Shewchuk IP Services (2011)
Retrieved on November 11, 2011
http://www.shewchukip.com/trade%20secret%20examples.htm
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