How Malaysia Plans to Achieve High-Tech Industrialization by 2030

Malaysia is a developing country that aims to become a high-tech industrialized nation by 2030. To achieve this goal, the government has launched the New Industrial Master Plan (NIMP) 2030, which outlines the strategies and actions to transform the country's industrial sector. 

The NIMP 2030 is different from the previous industrial master plans, as it adopts a mission-based approach that focuses on four key areas: advancing economic complexity, teching up for a digitally vibrant nation, pushing for net zero, and safeguarding economic security and inclusivity. 

Here are some of the highlights of the NIMP 2030 and what they mean for Malaysia's industrial development. 

Enhancing Economic Complexity

Economic complexity refers to the diversity and sophistication of a country's productive capabilities and exports. A higher economic complexity indicates a higher level of knowledge, technology and innovation in the economy.

The NIMP 2030 aims to increase Malaysia's economic complexity index (ECI) from 1.07 in 2021 to 1.5 by 2030, to be on par with developed countries.

To do this, Malaysia has identified several potential clusters that can be developed, such as electrical and electronics, machinery and equipment, aerospace, medical devices, renewable energy, biotechnology, halal products, and creative industries. 

Another key strategy is to increase the research expenditure to 3.5% of GDP by 2030, which would boost the innovation capacity and competitiveness of the industries. The plan also aims to strengthen the linkages between universities, industry and government to foster collaborative research and development.

One of the enablers for research and innovation is intellectual property (IP), which protects and rewards the creators of new knowledge and technology. The NIMP 2030 recognizes the importance of IP for industrial development and aims to improve the IP system in Malaysia.

Some of the initiatives include digitizing and accelerating IP applications; facilitating IP commercialization and monetization; and strengthening IP enforcement and protection.

Building SME's Capacity

Small and medium enterprises (SMEs) are the backbone of Malaysia's economy, accounting for 98.5% of business establishments, 38.9% of GDP, 48.4% of employment and 17.9% of exports in 2021.

The NIMP 2030 aims to enhance SMEs' capacity and resilience by helping them to upgrade their products, processes and business models; diversity their markets and customer segments; increase their productivity and efficiency; improve their quality and standards; adopt digitalization and automation; and integrate into regional and global value chains.

Some of the initiatives include providing technical assistance and advisory services; facilitating access to technology platforms and solutions; offering training and upskilling programs; and supporting branding and marketing activities.

Embracing ESG Principles

Environmental, social and governance (ESG) principles are a set of criteria that measure a company's performance on sustainability issues such as environmental protection, social responsibility, human rights, diversity, ethics and corporate governance. 

The NIMP 2030 aims to embrace ESG principles as a core value of Malaysia's industrial development by promoting green growth, social inclusion and good governance across all sectors and industries.

Ministry of Investment, Trade and Industry

Some of the initiatives include implementing low-carbon policies and measures; encouraging renewable energy generation and consumption; reducing waste generation and increasing recycling rates; enhancing environmental management and compliance; ensuring fair labour practices and decent work conditions; supporting social enterprises and community development; improving corporate transparency and accountability; combating corruption and fraud; and strengthening stakeholder engagement and participation.

Conclusion

The NIMP 2030 is a comprehensive and ambitious plan that aims to transform Malaysia's industrial sector into a high-tech, high-value and high-impact engine of growth for the country. By enhancing economic complexity, creating supportive ecosystems, building SME's capacity and embracing ESG principles, the plan hopes to achieve Malaysia's vision of becoming a high-tech industrialized nation by 2030.

Klang Bak Kut Teh is Recognized as a Geographical Indication

Klang bak kut teh is a soup-based dish that has been recognized as a geographical indication (GI) by Perbadanan Harta Intelek Malaysia (MyIPO), an agency under the Ministry of Domestic Trade  and Costs of Living (KPDN). This means that Klang bak kut teh has a special connection to Klang city, where it originated and developed its distinctive flavour and reputation.

But what is geographical indication?

According to MyIPO, a geographical indication is a sign used on products that have a specific geographical origin and a reputation that are due to that origin. For example, Darjeeling tea is a geographical indication for tea grown in the Darjeeling region of India, which has a unique aroma and taste. Similarly, Yantai apple is a geographical indication for apples grown in the Yantai region of China, which are known for their crispness and sweetness. Other examples of geographical indications are Gruyere cheese from Switzerland, asam pedas Melaka and Sarawak pepper.

Klang bak kut teh is the first geographical indication that originates from Selangor to be recognized by MyIPO. This is a great achievement for the local bak kut teh industry and culture, as it showcases the rich heritage and diversity of Malaysian cuisine. The geographical indication was initiated by the Klang Chinese Chamber of Commerce and Industry (KCCCI). 

Henry Golding said that his choice of Malaysia food for diplomacy is bak kut teh and he emphasized the Klang version. "Klang's has broth that's been brewing for generations [...] If it stops boiling, it'll grow this thickness of fur and bacteria. But, it's delicious!"

In Hokkien, bak kut teh means meat-bone tea. There are many bak kut teh sellers in the market. The original bak kut teh is served in a bowl without chilis, youtiao or vegetables. These are considered accompaniments in modern bak kut teh. Even soup refills are not provided by original bak kut teh sellers.

@dennisboonlengtan Klang bak kut teh recognized as a geographical indication. #klang #bakkutteh #geographicalindication ♬ Gong Xi Fa Cai - Lux-Inspira

Modern bak kut teh sellers are serving the dish with chilli padi, mushrooms and tofu pok. Specialty bak but teh sellers can be found in most Malaysia cities. Teluk Pulai, the introducer of claypot and soup refillls is probably the most common version available. Three bak kut teh sellers are recognized in the Michelin Guide. 

Bak kut teh is recognized as a noun in Oxford English Dictionary. Other Malaysian English terms recognized are bak kwa, char kway teow, chicken rice, kopitiam, laksa, mamak, sotong and teh tarik.

Budapest Treaty on the Deposit of Microorganisms

 I attended the MyIPO webinar on Budapest Treaty on the Deposit of Microorganisms for the purposes of Patent Procedure on 8 November 2022. I would like to share eight points I learnt from the webinar.

1. Why Budapest Treaty?

​Patents need to disclose how the invention works. There is some difficulty in explaining inventions involving microorganisms that are not publicly available. ​Hence, microorganisms deposited at international depositary authorities (IDAs) are recognized for fulfilling disclosure requirements.

2. What is the Budapest Treaty?

All states party to the Treaty are obliged to accept microorganisms deposited at any IDA as being valid for national patent procedure.

3. What is the benefit of the Budapest Treaty?

Deposit in one IDA is recognised by all states party to the Treaty. Applicants do not need to make a new deposit in each state in which patent protection is sought. Hence, it saves applicants money.

4. Who is IDA?

At the moment there are 48 recognised IDAs. The list of IDAs are available at WIPO. There are two in Australia, three in India, six in the UK and three in the USA. Each IDA provides a list of acceptable biological material and sets its own fee. No IDA is available in Malaysia or ASEAN.

5. Who can deposit at IDA?

Researchers on behalf of applicants can submit the deposit with IDA. An agent is not needed.

6. Any plan for NDA?

Any Malaysia organizations can apply to be a National Depositary Authority (NDA). The organization would need to fulfill several conditions such as storage requirement.

7. How to specify a deposit in a patent application?

After a deposit is made, the IDA and accession number is specified in the patent application. Hence, a patent application is prepared at the same time of the deposit.

8. Who can access deposited microorganisms?

The public would not be able to access the deposited microorganism. The public would need to appoint a competent and neutral person to access the deposited microorganism. 

List of IPs in MySejahtera - What We Learn

On 31 March 2022, Khairy Jamaluddin said that the Ministry of Health (MOH) owns the personal data, the app, the module, intellectual property, source code and trademark. "The data is secure, it's hosted on a server in Malaysia, and it's owned by MOH. Whatever happens in terms of (the) court dispute between two companies, that's nothing to do with us," reported Khairy. On 5 April 2022, the health minister stressed that MOH owns the data, the app's module and brand.

In the Apple Store and Google Play, MySejahtera is listed as an application developed by the Government of Malaysia to assist in managing Covid-19 outbreak in the country. There are 53 and 57 applications listed by the developer called the Government of Malaysia in the Apple Store and Google Play, respectively.

MySejahtera is owned by the Government of Malaysia in Google Play

As a MySejahtera user and an IP expert, allow me to share my insights on the IPs in MySejahtera as CSR.

MySejahtera is a computer program. It is written by programmers in source code. Instructions are written in source code on what the programmer intends the program to perform. Programs are usually in a computer language such as C or Java. The source code is then compiled into object code that acts as instructions to be carried out by the computer. Object code are computer codes in binary numbers - in a series of 1s and 0s.

Programmers usually hide source codes that are proprietary. The program that we download and execute are in object code. Microsoft software, Apple software and Adobe software are usually proprietary. Source code which are not proprietary are known as open source code. Unix software, Chrome software and Android software are open source. I'm not going to discuss further the difference of proprietary and open source code.

MySejahtera gathers and stores data. The personal data includes name, IC number, contact number, vaccination record, infection record and venue check in. There are 38 million registered users of MySejahtera. 

Source code and object code are computer program in a computer language. Computer program are recognised as literary work in the Copyright Act 1987. The programmers that wrote the source code is considered as the author of MySejahtera. Authors have moral right over their literary work.

On the other hand, works which are eligible for copyright made under the direction of the Government shall vest in the Government. There is no dispute that MySejahera was developed under the direction of the Government. 

List of Programs owned by the Government of Malaysia in App Store

Public data was entered by users under the instruction of the Government. Database is protected by copyright. Hence, I agree with Khairy that the Government owns the codes and database of MySejahtera.

I guess there are two questions that MOH need to address. 

First, the use of the database. There is an ongoing concern that this information can be abused. Lowyat reported several incidences of personal data for sale. Personal data is a form of intangible data that can be easily replicated for a number of uses. Hence, it is extremely valuable. I suggest MOH to make it a crime over unauthorized use of MySejahtera database. Whistle blowers who report such abuse shall be rewarded and protected. This can ease public concern over the abuse of data.

Second, who shall maintain MySejahtera? I'm not sure that MOH knows how to handle the source codes. MOH would need a reliable vendor to maintain MySejahtera. The first choice would be the original programmers who have authored the source code, I personally recognise that IP should provide an advantage in public procurement. The government should recognize IP in order for the nation to generate more IP. The value of procurement is another matter that can be determined in fair valuation method. I believe that MOH and the vendor can agree over a common software as a service value.

These are my views based on news report which are not intended as legal advice. I wish MOH well in owning and managing MySejahtera. I would continue my daily use of MySejahtera for check ins.

Increasing Business Focus on Innovation Through Patent Portfolio

 Global organizations cite patent innovation as key to increasing competitive advantage amidst the pandemic

LONDON, Jan. 18, 2022 /PRNewswire/ -- Clarivate Plc (NYSE: CLVT), a global leader in providing trusted information and insights to accelerate the pace of innovation, today released a new report which highlights global insights into how organizations are using patents and patent data, challenges and opportunities, and the role of patents in driving the lifecycle of innovation.

As revealed in the Clarivate™ Patent Trend Report 2022, the organizations surveyed overwhelmingly view patents as a business driver, with the majority (75%) saying the primary purpose of their patent strategy is to enable further innovation. The results also show that the majority (69%) of patent portfolios have increased in the last 12 months, driven by increases in budget, greater C-suite buy-in and changes in business focus.

Key findings include:

• Nearly half of respondents (45%) say their organizations have missed out on opportunities because the C-Suite was not engaged with their patent strategy.
• More than half (57%) also say it has become harder to implement their patent strategy in the last 12 months with the top reasons being insufficient staff, data, budget and time.
• Many are turning to outsourcing, with 45% already outsourcing between 26% to 50% of their patent activities.
• Nearly half (44%) saying they will outsource more in the next 12 months.

There is positive change on the horizon, as these organizations say they think technology could provide better data analytics capabilities, better efficiency to enhance productivity and a real-time view of data. They also see AI adding the most value in patent analysis, search and licensing.

Gordon Samson, Chief Product Officer, Clarivate said: "The findings in this report reveal that patent protection and its role in the innovation lifecycle remain critical to businesses around the world. Despite the turbulent times faced over the course of the pandemic, organizations recognize the opportunities and value to be gained by usage of patent data. Clarivate is proud to be an experienced patent intelligence and lifecycle partner that can provide the insights to inform patent strategy – which could prove key to successfully navigating ongoing uncertainty and accelerating innovation in organizations around the world."

Methodology
Clarivate commissioned research into patent trends across key global regions, carried out by independent survey firm Vitreous World. The research sought the views of 275 IP and patent professionals, both in-house and external counsel, across seven countries/regions: the United States, United Kingdom, France, Germany, Mainland China, Japan and South Korea.

About Clarivate
Clarivate™ is a global leader in providing solutions to accelerate the lifecycle of innovation. Our bold Mission is to help customers solve some of the world's most complex problems by providing actionable information and insights that reduce the time from new ideas to life-changing inventions in the areas of science and intellectual property. We help customers discover, protect and commercialize their inventions using our trusted subscription and technology-based solutions coupled with deep domain expertise. For more information, please visit clarivate.com.

Media Contact
Rebecca Krahenbuhl, External Communications Manager
media.enquiries@clarivate.com 

 View original content to download multimedia:https://www.prnewswire.com/news-releases/clarivate-patent-trend-report-shows-increasing-business-focus-on-innovation-through-patent-portfolio-spend-301462632.html

SOURCE Clarivate Plc

Copyright (Amendment) Bill 2021 Approved - Works Distributed via Streaming and Related Offences

• Access to works for visually impaired under Marrakesh Treaty
• Better Collective Management Organizations (CMO)
• Works distributed via streaming technology and related offences - fine RM10,000 to 200,000, 20 years of prison or both

On 15 Dec 2021, Alexander Nanta Linggi, the Minister of Domestic Trade tabled a Bill to amend the Copyright Act 1987 in Dewan Rakyat, the lower house of the parliament. The first reading was made two days earlier.

Alexander Nanta Linggi

Parlimen Malaysia

We have compiled YouTube sessions of the tabling, debate and passing of the bill.

[4:11:07] Tabling of Copyright (Amendment) Bill 2021 for Second Reading. The text of the Bill in English and Malay.

[4:19:10] Debate by Members of Parliament: Debate by Members of Parliament: Choong Shiau Yoon (Tebrau), Wilfred Madius Tangau (Tuaran), Che Abdullah (Tumpat), Wong Hon Wai (Bukit Bendera), Sim Tze Tzin (Bayan Baru), Che Alias Hamid (Kemaman), and Cha Kee Chin (Rasah). 

Alexander explained that the amendment is in line with Marrakesh Treaty to facilitate access for persons who are visually impaired to published works. He said the treaty provides exceptions in obtaining the approval of copyright owners to make and distribute reading materials in formats that are accessible to the visually impaired community.

Wilfred complained about low royalties received by Sabah musicians. He hoped the decentralization of Collective Management Organizations (CMO) can improve royalty collection. Alexander replied that MyIPO will issue guidelines for CMOs to ensure transparent royalty collection. CMOs are being set up for Sabah and Sarawak, respectively.

Kee Chin noted that a new part is added in relation to streaming technology. He asked if it would be an offence to buy an Android box to view legitimate content. Alexander replied that buying and using the Android box with legitimate service is not an offence. Parties involved in offering Android box that facilitates steaming of illicit content is an offence with a fine of RM10,000 to 200,000 or 20 years of prison, or both.

[5:17:38] The second reading of the Bill was agreed. The Bill was tabled again for third reading and passed.

There are 20 clauses in the Bill which was then tabled in Dewan Negara, the upper house of parliament by Rosol Wahid, the Deputy Minister of Domestic Trade on 22 Dec 2021.

Parlimen Malaysia

[1:34:39] Tabling of Copyright (Amendment) Bill 2021 for Second Reading. 

[1:41:38] Debate by members of the Senate: Kesavadas Achyuthan Nair, Mohd Apandi and Hajjah Wan Martina

[2:15:56] The second reading of the bill was agreed. The bill was tabled for third reading and passed.

** The Copyrights (Amendment) Act 2022 is in force since 18 Mar 2022 **

Patents (Amendment) Bill 2021 Approved - Patents Recognized as Personal Property

• Deposit of microorganism under Budapest Treaty
• Patents recognized as personal property
• Opposition procedure introduced

On 15 Dec 2021, Alexander Nanta Linggi, the Minister of Domestic Trade tabled a Bill to amend the Patents Act 1983 in Dewan Rakyat, the lower house of the parliament. The first reading was made two days earlier.

Alexander Nanta Linggi

Parlimen Malaysia

We have compiled YouTube sessions of the tabling, debate and passing of the bill.

[2:39:14] Tabling of Patents (Amendment) Bill 2021 for Second Reading. The text of the Bill in English and Malay.

[3:15:20] Debate by Members of Parliament: Choong Shiau Yoon (Tebrau), Shaharizukirnain (Setiu), Wong Hon Wai (Bukit Bendera), Mohamed Hanipa (Sepang), Nurul Izzah (Permatang Pauh), and Cha Kee Chin (Rasah).

Alexander stated that patents would be recognized as a personal property, hence, patents can be mortgaged at financial institutions. He also explained that IP Journal is chosen to publish granted patents instead of Government Gazette to speed up the registration of patents.

Alexander added that compulsory licensing allows the government to address public health issues involving medicine. On the other hand, Budapest Treaty is acknowledged to formalize an international mechanism to recognize inventions involving microorganisms. Applicants would need to deposit microorganisms once to enjoy patent recognition among members of the treaty.

He announced that an IP Fund of RM1 million annually is allocated to encourage IP filings among SMEs, polytechnic, students and youth.

Third party observation and opposition is introduced in the amendment to strengthen the quality of patents. In line with developed countries, third parties can participate in the patent application process.

The amendments took into consideration Malaysia's commitment in the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) relating to public health, Regional Comprehensive Economic Partnership (RCEP)  and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

[4:08:21] The second reading of the Bill was agreed. The Bill was tabled again for third reading and passed.

There are 69 clauses in the Bill which would need to be tabled in Dewan Negara, the upper house of parliament. We will provide our commentary on the amendment in the future. Stay tuned!

- 22 Dec 2021 update -

On 22 Dec 2021, Rosol Wahid, the Deputy Minister of Domestic Trade tabled the Bill to amend the Patents Act 1983 in Dewan Negara, the upper house of the parliament. 

Parlimen Malaysia

[58:33] Tabling of Patents (Amendment) Bill 2021 for Second Reading.

[1:05:46] Debate by Members of the Senate: Razali Idris and Mohd Apandi.

[1:31:44] The second reading of the Bill was agreed. The Bill was tabled again for third reading and passed.

** The Patents (Amendment) Act 2022 is in force since 18 Mar 2022 **