The Myth of the 'International Trademark': A Malaysian Business Owner's Guide to the Madrid Protocol

As a trademark agent with 18 years of experience, one of the most exciting conversations I have with clients is about taking their brand global. Their business is thriving in Malaysia, and they have their sights set on markets like Singapore, China, the US, or Europe. Inevitably, the question arises: "How do I get an 'international trademark'?"

It's a question filled with ambition, but it's based on a fundamental misunderstanding. And today, I want to clarify it for every Malaysian business owner looking to expand.

The single most important thing to understand is this: There is no such thing as a single, worldwide trademark that protects you everywhere.

Trademark rights are, and always have been, territorial.

Think of it this way: your Malaysian company registration allows you to do business in Malaysia. It doesn't grant you the right to operate in Indonesia. Similarly, your trademark registration with the Intellectual Property Corporation of Malaysia (MyIPO) gives you exclusive rights to use that brand within the borders of Malaysia. It offers no protection in Thailand, Australia, or any other country.

To be protected in another country, you must register your trademark in that specific country, according to its national laws.

"So," my clients ask, "does that mean I have to hire lawyers in a dozen different countries and file a dozen different applications in different languages and currencies? That sounds like a nightmare."

Historically, yes. But today, there is a much more efficient solution: The Madrid Protocol.

What is the Madrid Protocol? A Centralised International Trademark Filing System, Not a Global Trademark

The Madrid Protocol is not a magic wand that grants you a global trademark. Instead, it is a highly efficient international filing procedure.

Administered by the World Intellectual Property Organization (WIPO) in Geneva, the Madrid Protocol is an international treaty that allows a trademark owner to seek protection in over 130 member countries by filing a single application through their home trademark office.

125 Years of Madrid System reached in 2016 (WIPO)

It's best to think of it as a central post office for trademarks. Instead of mailing separate application packages to every country yourself, you submit one package (your international application) to your local post office (MyIPO). You provide a list of addresses (the countries you want to be protected in), and the central post office (WIPO) ensures your application is dispatched to each of those national trademark offices.

To further deepen my understanding and expertise in this critical area, I undertook and successfully completed the WIPO course on the Madrid System for the International Registration of Marks, from May 4, 2021, to June 20, 2021. This certification reinforces my commitment to providing the most current and effective guidance on international trademark strategies.

Obtained Certificate in Madrid System in 2021

How it Works for a Malaysian Business

The process follows a clear path:

1. The Foundation: A Basic Mark in Malaysia. Before you can go international, you must have either filed an application or secured a registration for the same trademark with MyIPO. This is your "basic mark."

2. The International Application. You file a single international application through MyIPO, in one language (English), and pay one set of fees in one currency (Swiss Francs). In this application, you designate the specific Madrid Protocol member countries where you want to seek protection.

3. WIPO Formal Examination. MyIPO sends your application to WIPO. WIPO checks it to ensure it complies with all formal requirements and then records it in the International Register and publishes it. They then forward your application to the national IP offices of all the countries you designated.

4. The Crucial Step: National Examination. This is where the territorial nature of trademark law comes back into play. Each designated country's IP office will examine your application according to its own domestic laws and procedures.

   • The United States Patent and Trademark Office (USPTO) will treat it as if it were a US application.

   • The China National Intellectual Property Administration (CNIPA) will examine it under Chinese law.

   • The European Union Intellectual Property Office (EUIPO) will examine it under EU law.

Each country has the full authority to grant or refuse protection. Approval in Malaysia does not guarantee approval elsewhere.

The Advantages are Clear, But So Are the Risks

Why use the Madrid Protocol?

• Efficiency: One application, one language, one currency. It dramatically simplifies the initial filing process.

• Cost-Effective: It is generally more affordable upfront than engaging separate lawyers in numerous countries simultaneously.

• Centralised Management: Future management is easier. Renewals, or changes in ownership or address, can be recorded through a single, simple procedure with WIPO.

However, my 18 years of experience have taught me to advise clients on the potential pitfalls:

• The "Central Attack" Risk: For the first five years, your entire international registration is dependent on your basic Malaysian application/registration. If your Malaysian mark is cancelled or limited for any reason during this period, your entire international registration will also be cancelled or limited.

• It's Not a Substitute for Local Counsel: If a designated country (say, Japan) issues a refusal, you will still need to hire a local Japanese trademark attorney to handle the response. The Madrid Protocol gets your foot in the door; it doesn't fight the battles for you.

• Not All Countries Are Members: While the list is extensive, some important commercial territories are not members. You will need to file directly in those places.

My Advice to You

The Madrid Protocol is a powerful and indispensable tool for international brand expansion. But it is a procedure, not a product.

Your international trademark strategy should not be about simply filing an application. It should be a considered business decision based on your goals for growth, your target markets, and your budget. Sometimes, filing directly in one or two key countries is a better first step. Other times, a broad Madrid application covering 20 countries is the right move.

Navigating this requires a strategic approach. Before you take the leap, let's have a conversation about where your brand is headed. Together, we can build a protection strategy that is robust, cost-effective, and right for your business.

Understanding Voluntary Copyright Notification in Malaysia

We were privileged to assist Reams Technologies Sdn Bhd in securing a copyright certificate for their innovative "Reams Software." This crucial step provided Reams Technologies with the added legal certainty and proof of ownership they needed for their valuable software. The successful notification of their copyright through MyIPO has empowered Reams Technologies Sdn Bhd to confidently develop, market, and license their software, knowing their intellectual property is officially recognized and protected.Reams Software is an innovative tool designed to streamline and automate building maintenance schedules, with a particular focus on preventive maintenance strategies.

Copyright Certificate of Reams Software

Picture of me and Yeoh Mun Foong, founder of Reams Technologies Sdn Bhd

Copyright is an essential legal protection for creators, safeguarding their original works from unauthorized use. In Malaysia, copyright protection is automatic upon the creation of an original work, meaning you don't have to register it to be protected. However, a voluntary copyright notification system exists through the Intellectual Property Corporation of Malaysia (MyIPO), offering significant advantages for creators.

What is Voluntary Copyright Notification?

Voluntary copyright notification is a process where creators can formally record details of their copyrighted work with MyIPO. While not mandatory for copyright protection, it serves as an official record and can be highly beneficial in proving ownership and deterring infringement.

Benefits of Copyright Notification

Opting for voluntary copyright notification offers several compelling benefits:

1. Prima Facie Evidence of Ownership: A copyright certificate issued by MyIPO acts as prima facie evidence in any legal proceedings. This means it is accepted as true unless proven otherwise, significantly strengthening your position in cases of infringement.

2. Deterrent to Infringement: The existence of an official copyright record can deter potential infringers. Knowing that the creator has formally documented their ownership makes it less likely for others to misuse the work.

3. Facilitates Licensing and Assignment: Having a clear, officially recognized record of ownership makes it easier to license your work to others or assign your copyright to another party. This provides greater certainty and security for all involved.

4. International Recognition: While Malaysian copyright is territorial, a local notification can be a useful document when seeking copyright protection or enforcing rights in other jurisdictions, often serving as a foundational piece of evidence.

5. Valuable Asset for Business: For businesses, copyrighted works like software, marketing materials, or design elements are valuable intellectual property assets. Notifying these works enhances their tangible value and can be crucial for mergers, acquisitions, or investment.

Works That Can Be Submitted for Notification

A wide range of original works can be submitted for voluntary copyright notification, including but not limited to:

• Literary Works: Novels, poems, articles, scripts, textbooks, research papers, and literary compilations.

• Artistic Works: Paintings, drawings, sculptures, photographs, and illustrations.

• Musical Works: Compositions and arrangements.

• Software: Source code, object code, and related documentation.

In conclusion, while copyright protection is automatic, voluntary copyright notification in Malaysia offers invaluable benefits that can significantly strengthen a creator's position. It provides a robust legal foundation, acts as a deterrent against infringement, and streamlines the management of your intellectual property. We encourage all creators to consider this important step in safeguarding their original works.

Mastering Intellectual Property Valuation: A Recent Course Recap

 I recently had the privilege of conducting the Kursus Penilaian Harta Intelek: Pendekatan & Strategi Penentuan Nilai Komersial (Intellectual Property Valuation Course: Approaches & Strategies for Commercial Value Determination). This two-day program, held on June 17-18, 2025, offered participants a deep dive into the critical aspects of valuing intellectual property (IP) assets.

The course, which took place from 8:30 AM to 5:00 PM at Aras 11, Menara MyIPO, PJ Sentral, was designed to equip attendees with the knowledge and practical skills needed to effectively assess the value of their organization's or business's IP assets. It was fantastic to see such an enthusiastic and engaged group of professionals eager to enhance their understanding in this vital area.

Why IP Valuation Matters

Intellectual property valuation is the process of determining the monetary worth of IP assets. It's not just an academic exercise; it's crucial for a wide range of business transactions. Whether you're looking at investments, mergers, acquisitions, or even navigating legal disputes, having a clear understanding of your IP's value is paramount. It allows businesses to make informed decisions, leverage their assets effectively, and protect their interests.

Key Approaches to IP Valuation

During the course, we explored the three primary approaches to IP valuation, each offering a unique perspective:

• Cost Approach: This method estimates the value of IP based on the costs incurred to create or replace it. While straightforward, it doesn't always capture the full commercial potential of an IP asset.

• Market Approach: This approach determines IP value by comparing it to similar IP assets that have been recently sold or licensed in the market. It relies on the availability of comparable transactions, which can sometimes be a challenge.

• Income Approach: Often considered the most comprehensive, this method calculates the present value of the future economic benefits expected from the IP. This includes factors like projected revenues, cost savings, and royalty income.

We delved into the nuances of each approach, discussing their strengths, limitations, and the scenarios where each is most appropriate. Participants engaged in practical exercises, applying these methodologies to real-world examples, which helped solidify their understanding.

Looking Ahead

The course was limited to 30 participants, ensuring an interactive and personalized learning experience. The pre-registration deadline was May 30, 2025, and successful applicants were notified via email with payment instructions.

It was truly rewarding to facilitate this course and share insights into the dynamic world of IP valuation. I believe that a strong grasp of IP valuation is becoming increasingly essential for businesses in today's knowledge-driven economy.

8 Tips to Beat the Heat in Malaysia: Stay Cool and Comfortable

Malaysia’s tropical climate is no joke, especially during Ramadan when the sun is blazing, and the humidity feels like a thick blanket. Fasting during the day can make the heat even more challenging, but with a few smart strategies, you can stay cool, comfortable, and energized throughout the holy month. Here are some practical tips to help you beat the heat and make the most of Ramadan.

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1. Dress Smart: Choose Breathable Fabrics

What you wear plays a huge role in how you handle the heat. Opt for lightweight, breathable fabrics that allow air to circulate and sweat to evaporate.

• Cotton: This natural fabric is a lifesaver in hot weather. It’s soft, breathable, and absorbs moisture, keeping you cool and dry.

• Linen: Known for its lightweight and airy texture, linen is perfect for Malaysia’s climate. It dries quickly and doesn’t cling to your skin.

• Avoid Polyester and Synthetics: These materials trap heat and moisture, making you feel sticky and uncomfortable. Save them for cooler days!

Pro Tip: Loose-fitting clothing in light colors (white, pastels, or beige) reflects sunlight and helps you stay cooler.

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2. Stay Hydrated During Non-Fasting Hours

Dehydration can make the heat feel even worse. Make sure to drink plenty of water during sahur (pre-dawn meal) and iftar (breaking fast).

• Water is Key: Aim for at least 8 glasses of water between iftar and sahur. Add a slice of lemon or cucumber for a refreshing twist.

• Hydrating Foods: Include water-rich foods like watermelon, cucumber, and oranges in your meals. They help replenish fluids and keep you hydrated.

• Avoid Caffeine and Sugary Drinks: These can dehydrate you, so limit your intake of coffee, tea, and sodas.

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3. Plan Your Day Around the Heat

Malaysia’s sun is at its peak between 11 a.m. and 3 p.m. Try to schedule your activities to avoid being outdoors during these hours.

• Indoor Activities: Use this time for prayers, reading, or light chores at home.

• Shade and Fans: If you must go out, stay in shaded areas and carry a portable fan or umbrella.

• Cool Showers: A quick cool shower during the day can help lower your body temperature and refresh you.

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4. Eat Light and Nutritious Meals

Heavy, oily meals can make you feel sluggish and overheated. Focus on light, nutritious foods that provide sustained energy.

• Sahur: Start your day with complex carbs (like oats or whole-grain bread), protein (eggs or yogurt), and fruits. Avoid salty foods that can make you thirsty.

• Iftar: Break your fast with dates and water, followed by a balanced meal. Include grilled or steamed dishes instead of fried foods.

• Cool Desserts: Treat yourself to refreshing desserts like cendol, ais kacang, or fruit salads to cool down after iftar.

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5. Use Cooling Accessories

Sometimes, a little extra help is needed to stay cool. Here are some handy accessories to beat the heat:

• Cooling Towels: Soak a small towel in cold water, wring it out, and place it on your neck or forehead for instant relief.

• Portable Fans: Carry a handheld fan or use a battery-operated one to keep air circulating around you.

• Misting Spray: A small spray bottle filled with water can be a quick way to cool down when you’re on the go.

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6. Create a Cool Environment at Home

Your home should be a sanctuary from the heat. Here’s how to keep it cool:

• Close Curtains and Blinds: Block out the sun during the hottest part of the day to keep your home cooler.

• Use Fans or Air Conditioning: If you have air conditioning, set it to a comfortable temperature. If not, use fans to circulate air.

• Cross-Ventilation: Open windows on opposite sides of your home to create a breeze and improve airflow.

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7. Stay Mindful of Your Energy Levels

Fasting can make you feel more tired, especially in the heat. Listen to your body and take it easy when needed.

• Rest When Necessary: Take short naps or rest breaks during the day to recharge.

• Light Exercise: If you want to stay active, opt for light exercises like stretching or yoga in the early morning or evening.

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8. Embrace Traditional Remedies

Malaysia has a wealth of traditional remedies to help you stay cool during Ramadan:

• Honey and Lemon: Mix honey and lemon in water for a natural energy boost and cooling effect.

• Herbal Teas: Try cooling herbal teas like chrysanthemum or mint after iftar.

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Final Thoughts

Ramadan is a time of reflection, spirituality, and community, but the heat in Malaysia can make it challenging. By dressing in breathable fabrics like cotton and linen, staying hydrated, planning your day wisely, and creating a cool environment, you can beat the heat and fully embrace the blessings of the holy month.

Remember, it’s not just about staying physically cool—it’s also about maintaining a calm and positive mindset. May this Ramadan be a peaceful and fulfilling experience for you and your loved ones. Selamat Berpuasa!

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Feel free to share this article with friends and family to help them stay cool during Ramadan! Let me know if you’d like to add more tips or customize this further. 😊

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.