The Importance of Microorganism Deposits in Malaysia

Patents can cover isolated bacteria, fungi, algae protozoa, plasmids and prions. One area that often requires special attention is the deposit of microorganisms, especially when it comes to patent applications involving biotechnological inventions. In Malaysia, the process of depositing microorganisms is essential for several reasons, and there are specific institutions where these deposits can be made. 

Why Deposit Microorganisms?

1. Patent Requirements: When filing a patent application for an invention involving microorganisms, it is often necessary to deposit the microorganism in a recognized depository. This is because microorganisms cannot be adequately described in a written patent application. The deposit ensures that the microorganism is available for examination and reproduction, which is a requirement under the Budapest Treaty.

2. Preservation and Accessibility: Depositing microorganisms in a recognized depository ensures their long-term preservation and accessibility. This is crucial for scientific research and industrial applications, as it allows other researchers and companies to access the microorganism for further study and development.

3. Compliance with International Standards: The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure mandates that all member states recognize a deposit made in any one of the international depositary authorities (IDAs). This means that a single deposit is sufficient for patent procedures in multiple countries, streamlining the process and reducing costs.

What is the Budapest Treaty?

The Budapest Treaty, established in 1977, is an international agreement that simplifies the process of patenting biotechnological inventions involving microorganisms. Under this treaty, a single deposit of a microorganism with any recognized IDA is sufficient for patent purposes in all member countries. This eliminates the need for multiple deposits in different countries, making the patent process more efficient and cost-effective. The treaty also ensures that deposited microorganisms are preserved and made available for examination and reproduction, which is essential for the patenting process.

Where to Deposit Microorganisms

In Malaysia, the Universiti Putra Malaysia Microbial Culture Collection (UPM-MCC) (open exernal link) has been officially acknowledged as the first National Depository Authority (NDA) for microorganisms. UPM-MCC provides essential research support services and offers bacteria storage services under the Patent Deposit category, meeting a key requirement for filing patents related to microorganisms.

Additionally, microorganisms can be deposited in any IDA (open external link) recognized under the Budapest Treaty. This includes various institutions worldwide that meet the standards set by the treaty, ensuring that the deposited microorganisms are preserved and accessible for patent examination and other purposes.

When selecting a depository for microorganisms, several factors come into play:

1. Type of Microorganisms Accepted: Different depository accept various kinds of microorganisms. It's essential to verify whether the storage conditions of the depository can accomodate the specific type of microorganism you need to deposit.

2. Foreign Patent Applications: If you are planning to file a foreign patent application, you must choose an IDA. Currently, UPM is not recognised as an IDA.

3. Cost Considerations: The fees associated with depositing microorganisms can vary between depositories. Additionally, the logistics of transporting the microorganism can influence the overall costs. 

WIPO Standard ST.26 for Sequence Listing

Patent applications that include nucleotide and/or amino acid sequence listings must include the sequence listing in WIPO Standard ST.26 file format. WIPO Sequence is a global software tool that enables patent applicants to prepare amino acid and nucleotide sequence listings compliant with WIPO standard ST. 26 as part of a national or international patent application. This tool helps ensure that sequence listings are standardised. 

Conclusion

Depositing microorganisms is a crucial step in the patent application process for biotechnological inventions. It ensures compliance with international standards, preserves the microorganisms for future research, and makes them accessible for examination and reproduction. In Malaysia, UPM-MCC serves as a national depository, while IDA provide additional options for researchers and inventors seeking international protection. Patent applications that include sequence listings must be prepared according to WIPO Standard ST.26.

Musang King Durian: A Malaysian Delicacy Crowned with Geographical Indication

Do you know how to identify Musang King durian?

In the lush landscapes of Malaysia, where the climate is as diverse as its culture, grows a fruit that has transcended its humble beginnings to become a global sensation. The Musang King durian, known locally as Raja Kunyit, is not just a fruit; it's a symbol of Malaysian pride and agricultural prowess. This blog post delves into the journey of Musang King from its origin to its recognition as a geographical indication in 2014, a testament to its unparalleled quality and unique provenance.

The Origins of Musang King Durian

The world of durians, often reverred as "King of Fruits," is rich with variety and history, none more fascinating than the tale of Musang King, a variety that has taken the fruit market by storm. At the heart of this durian dynasty is the Raja Kunyit which literally means turmeric king.

The durian was originally given the name "Kunyit" by Chung Chun Seng, the founder of this durian tree in the late 18th century, according to The Star. Before the tree died, Wee Chong Beng planted this durian in Tanah Merah, Kelantan. The Department of Agriculture registered the durian variety as D197 and acknowledge Wee Chong Beng as the breeder.

The durian gained popularity, and it is  grown in Gua Musang. Tan Lai Fook brought a branch of Raja Kunyit tree from Gua Musang and grafted it to his durian tree in Raub, according to Wong Pui Yan, a researcher. Tan called it 'mao sheng wang' (毛生王).

Tina Chong: The Musang Queen

Tina Chong Yok Fong from Gua Musang, a formidable figure in the durian industry, played a pivotal role in popularizing the Musang King name, according to Berita Harian. The Chinese term 'mao shan wang' (猫山王) which literally means civet king is also promoted. Her dedication to the cultivation and promotion of this variety has earned her the moniker "Musang Queen." Tina's efforts in transitioning her orchard to predominantly Musang King trees have significantly contributed to the variety's fame and the high regard it holds today.

The Crowning Glory: Geographical Indication

In a move that solidified Musang King's status, the Malaysian government registered it as a geographical indication (GI) on March 13, 2014. This registration under GI2014-00001 recognizes the durian's specific geographical origin and the qualities that arise from it. The GI protects the name Musang King, ensuring that only durians grown in Malaysia that meet the stringent quality standards can bear this prestigious title.

The Musang King Experience

Musang King durians are celebrated for their buttery texture, robust flavor, and a hint of bitterness that durian aficionados cherish. The durian's husk is a dusky green with a distinctive star shape at the bottom, and its flesh—a deep, vibrant yellow—delivers a taste experience that is both complex and satisfying.

A Fruit with a Future

The Musang King durian's journey from a local delicacy to an internationally recognized brand is a narrative of Malaysian innovation and dedication. As the durian continues to captivate palates around the world, the geographical indication serves as a promise of quality and authenticity—a promise that Malaysia proudly upholds.

As we celebrate the Musang King, we also acknowledge the individuals like Wee Chong Beng, Tan Lai Fook and Tina Chong, whose passion and hard work have propelled this fruit to global acclaim. The Musang King durian is not just a fruit; it's a legacy that Malaysia will cherish and protect for years to come.

What Technology Managers Need to Know When Using Microsoft’s AI Tools - Assurances from Microsoft CEO

In the rapidly evolving world of artificial intelligence (AI), technology managers are increasingly tasked with navigating a complex intellectual property (IP) landscape. As AI systems become more integral to business operations, understanding the nuances of software and copyright protection is paramount. In the recent keynote address of Microsoft CEO Satya Nadella in Malaysia on 2 May 2024, he gave several assurances that users can trust Microsoft AI tools.

Satya announcing USD2.2bil investment for cloud and AI in Malaysia

The first principle to consider is that “Your data is your data.” This tenet is foundational to the ethical development and deployment of AI technologies. It ensures that the data generated by an organization remains its property. This approach respects the proprietary nature of data and the competitive advantage it can confer.

 Why Excluding User Data from AI Training is Important

The use of user data for training AI models has become a topic of significant ethical and legal debate. The crux of the issue lies in the balance between technological advancement and protection of data rights.

One of the primary concerns is the risk of data leak. AI systems, especially those employing large language models (LLMs), require vast amounts of data to learn and make predictions. If user data is used without consent, it could lead to unauthorized access to sensitive information, potentially resulting in identity theft, fraud, or other forms of cybercrime.

Satya provides assurances over Microsoft AI tools

Another critical aspect is indemnification against copyright litigation. As AI systems can generate content or perform tasks that may inadvertently infringe on existing copyrights, it is essential to have measures in place that protect users from legal repercussions.

Microsoft deploys a range of AI tools including Copilot, Azure and Dynamics 365. Copilot, which uses OpenAI's ChatGPT, is currently deployed in Bing, Windows, Office and GitHub ecosystem.

For technology managers, the intersection of AI and legal considerations presents both challenges and opportunities. By prioritizing data ownership, protection, indemnification, compliance, and ethics, managers can navigate the legal landscape effectively. As AI continues to shape the future of business, a proactive approach to these legal aspects will be a defining factor in the success and sustainability of AI initiatives.

In conclusion, the legal landscape of AI is intricate and dynamic. Technology managers must be vigilant and informed to ensure that their AI strategies are not only innovative but also legally sound and ethically responsible. By doing so, they can lead their organizations confidently into the future, leveraging the power of AI while upholding the highest legal and ethical standards.

Satya's full address in KL. He provides his assurances at 34:10

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This article serves as a guide for technology managers to understand and address the legal complexities of AI. It is not intended as legal advice. For specific legal concerns, consult with a qualified attorney.

Stop Fake Products From Draining Your Profits: Remove Counterfeits in Shopee & Lazada

In today's booming e-commerce landscape, Shopee and Lazada are powerhouses for Malaysian businesses. But with this success comes a dark side – counterfeiting. Fake products not only damage your brand reputation but also steal your hard-earned profits. Here at Boon IP, we understand the frustration and can help you fight back.

The Problem of Counterfeits

Counterfeits hurt brand image, customer trust, and sales. Counterfeits are made with inferior materials and lack the quality control of genuine products. When customers receive an imitation, they associate that negative experience with your brand, even if they bought a fake.

Why Shopee & Lazada Removals?

Removing counterfeits on online platform is not just about protecting brands, it's about creating a trustworhy and positive experience for everyone involved. It benefits brands by ensuring a fair marketplace, protects customers from low-quality products and ultimately strengthens Shopee's & Lazada's reputation as a leading e-commerce platform.

Boon IP's Counterfeit Removal Service:

Our service involves identifying the seller and counterfeit products, crafting effective takedown notices, and handling communication with the platforms. Clients can focus on their business by saving time and effort.

Contact us for a free consultation to discuss specific needs and how Boon IP can help.

• Tel: 03-27262554 and visit website (boon.com.my).

Why Air Asia Wants to List Its Brand in Nasdaq

Air Asia, the low-cost airline based in Malaysia, has announced its intention to list its brand in Nasdaq, the US stock exchange that hosts many technology companies. The move is part of the company's strategy to monetize its intellectual property (IP) assets and diversify its revenue streams.

According to Air Asia, its brand is valued at US$1.15 billion. The company has a separate entity, called Capital A International, that will own and manage the brand and other IP assets. Capital A International will then seek a listing in Nasdaq through SPAC merger, while the airline business will remain listed in Malaysia under the name of Capital A Berhad.

But why would Air Asia want to list its brand in Nasdaq? What are the benefits and challenges of such a move? Here are some possible reasons:

- To access a larger and more diverse pool of investors. Nasdaq is one of the largest and most liquid stock markets in the world, with a market capitalization of over US$20 trillion. By listing its brand in Nasdaq, Air Asia can tap into a wider and more sophisticated investor base that values innovation and growth. This could help the company raise more capital and increase its valuation.

- To unlock the value of its IP assets. By creating a separate entity for its IP assets and listing it in Nasdaq, Air Asia can unlock the value of its intangible assets and generate more revenue from licensing, franchising, and partnerships. This could also create a positive spillover effect for its airline business, as it can benefit from the increased brand awareness and reputation.

In conclusion, listing its brand in Nasdaq is a bold and ambitious move by Air Asia to monetize its IP assets. The move could bring many benefits for the company, such as access to more capital and investors, and unlocking of the value of its IP assets.

Dana IP 2.0 bagi 2024 telah Buka untuk Pemfailan Harta Intelek

Dana IP 2.0 bagi 2024 telah buka untuk permohonan harta intelek. Dana IP 2.0 adalah inisiatif yang dilancarkan oleh Perbadanan Harta Intelek Malaysia (MyIPO) untuk membantu usahawan dan penemu dalam memfailkan permohonan harta intelek (IP) di Malaysia dan luar negara. Dana IP 2.0 menawarkan bantuan kewangan bagi setiap permohonan IP yang layak, termasuk cap dagangan, paten, reka bentuk perindustrian dan hak cipta. Tujuan dana ini adalah untuk menggalakkan inovasi dan kreativiti di kalangan rakyat Malaysia, serta meningkatkan kesedaran dan penghargaan terhadap nilai IP.

Dana IP 2.0 mempunyai beberapa syarat kelayakan yang perlu dipenuhi oleh pemohon, antara lain:

- Pemohon mestilah warganegara Malaysia atau syarikat SME yang berdaftar di Malaysia.

- Pemohon mestilah mempunyai idea atau produk yang baru, asli dan berpotensi komersial.

Pemohon yang berminat boleh mengemukakan permohonan secara dalam talian melalui portal MyIPO di https://www.myipo.gov.my/en/dana-pemfailan-harta-intelek-dana-ip-2-en/ atau menghubungi talian khidmat pelanggan MyIPO di 03-2299 8400 untuk maklumat lanjut.

Dana IP 2.0 adalah peluang yang baik untuk usahawan dan penemu yang ingin melindungi hak mereka terhadap idea atau produk mereka, serta meningkatkan daya saing dan kebolehjalan mereka di pasaran tempatan dan antarabangsa. 

Boon IP merupakan sebuah syarikat yang menyediakan perkhidmatan pengurusan paten untuk pelbagai jenis projek inovasi. Syarikat ini telah berjaya membantu banyak pihak, termasuk institusi pendidikan, syarikat swasta dan individu, untuk mendapatkan pembiayaan dan perlindungan undang-undang bagi hasil kerja mereka. Antara contoh kejayaan Boon IP yang dapat kelulusan paten melalui Dana IP ialah: 

- Paten MY187491A Kolej Vokasional Slim River 'Lock Reminder for Motorcycle Steering'

- Paten MY187619A Institut Kemahiran Belia Negara Kuala Perlis 'An Apparatus for Holding Impact Wrench' 

- Paten MY197556A Institut Kemahiran Tinggi Belia Negara Temerloh 'Tool for Removal and Installation of Valve Pin'

- Paten MY185349A Noor Arjuna 'Device for Gripping and Storing Miswak Sticks'

Boon IP telah memberikan nasihat dan bantuan profesional dalam proses permohonan dan pendaftaran paten, tanpa mengenakan sebarang bayaran tambahan. Oleh itu, jangan lepaskan peluang ini dan mohon sekarang!

MyIPO Launches IPR Marketplace 2.0 Portal

On January 18, 2024, the Intellectual Property Corporation of Malaysia (MyIPO) launched the IPR Marketplace 2.0 portal, a platform that connects intellectual property (IP) owners, buyers, investors and service providers. The portal aims to facilitate the commercialization and valuation of IP assets in Malaysia and beyond.

Screenshot of IPR Marketplace 2.0 Portal (iprmarketplace.myipo.gov.my)

MyIPO charman, Dr Mohd Zuhan hopes that this platform will encourage collaboration between local entrepreneurs and potential parties in the global market. 

The IPR Marketplace 2.0 portal offers various features and benefits for its users, such as:

- A searchable database of IP assets for sale, licensing or investment opportunities

- A directory of IP valuers

- A dashboard that allows users to manage their IP portfolio and transactions

The portal also provides access to various resources and tools, such as:

- A guide on how to use the portal and its features

- A blog that shares news, updates and insights on IP-related topics

The IPR Marketplace 2.0 portal is open to anyone who is interested in IP, whether they are IP owners, buyers, investors or service providers. Users can register for free and start browsing, listing or contacting other users on the portal.

Screenshot of IP Valuer, Dennis Tan

As one of the IP valuers listed on the portal, I am excited to be part of this initiative and to offer my expertise and services to the IP community. I believe that the portal will help to create a vibrant and dynamic IP market in Malaysia and beyond, and to unlock the potential value of IP assets for the benefit of the economy and society.

If you are interested in learning more about the IPR Marketplace 2.0 portal or want to register as a user, please visit iprmarketplace.myipo.gov.my. You may also engage us by visiting www.boon.com.my.