In Malaysia, the main laws and regulations concerning patent protection are the Patent Law (1983) and the Patent Rules (1986). According to the patent law and patent rules, the applicant can apply for a patent directly in Malaysia. Once registered, the patent is valid throughout Malaysia. Similar to the legislation of other countries, Malaysia also legislates that only inventions with novelty, innovation and industrial applicability can apply for patents.
According to the TRIPS Agreement, within the scope of compulsory license, the patent law allows the import of patented products (similar imports) that have been put into other countries' markets. For reasons of public order or morality, the Malaysian government prohibits the commercial development of certain patents. After the revision of the patent law, the relevant provisions of the patent cooperation agreement have been added, allowing patented products to be imported within the scope of compulsory license.
According to the TRIPS Agreement, the patent law stipulates that the protection period of a patent is 20 years, counting from the date of filing. The protection period of the utility model is 10 year, counting from the application date; According to the use situation, you can apply for two consecutive extensions, each extension of 5 years. Patent owners have the right to develop, transfer or disseminate patented inventions and the right to conclude licensing agreements.
China1March, 984 12, the fourth session of the 6th the National People's Congress Standing Committee (NPCSC) passed the Patent Law of People's Republic of China (PRC). 1 985 April1day, the first day of the implementation of China's patent law, the former China Patent Office received a total of 3455 patent applications from home and abroad, which was praised by the World Intellectual Property Organization as creating a new record in the world patent history. China's patent law protects inventions, utility models and designs. In most countries, the patent law only protects inventions, while the protection of utility models and designs is legislated separately. China has stipulated the protection of inventions, utility models and designs in a law, all of which are called patents, which is one of the characteristics of China's patent law legislative system.
After the promulgation of the patent law, it has undergone two revisions. 1992 In September, China amended the patent law for the first time in order to better fulfill the commitments made by the China administration in the memorandum of understanding on intellectual property rights reached between China and the United States. In August, 2000, in order to meet the needs of China's accession to the World Trade Organization, the Patent Law was revised for the second time.
China's intellectual property system has a long history;
The intellectual property system has a long history in the world. In particular, patents, trademarks and copyrights in various intellectual property rights have the earliest legislative time. Its historical development can be roughly divided into five stages:
1. budding stage (13rd century to14th century)
At this stage, the monopoly privilege of similar patents granted by the feudal royal family to craftsmen or businessmen appeared, which laid the foundation for the formation of intellectual property system later.
2. Initial stage and universal establishment stage (15th century to19th century)
At this stage, the world's first patent law, copyright law and trademark law were born one after another, such as Venice Patent Law (1474), British Monopoly Law (1623) and British Copyright Law (17 10). /kloc-By the end of 0/9, most western capitalist countries had established their own intellectual property systems (mainly referring to the patent system, trademark system and copyright system).
3. Further development stage (end of 19 to end of 20th century)
The further development of the intellectual property system at this stage is mainly manifested in two aspects:
Vertical development: that is, the intellectual property system of western capitalist countries has become more perfect and scientific through constant revision, especially with the establishment of international intellectual property systems (such as the Paris Convention of 1883 and the Berne Convention of 1886), the intellectual property systems of various countries have gradually changed from "going their own way" and "going their own way" to internationalization. In this context, countries have signed more international treaties on intellectual property rights (the number is as many as dozens), gradually increasing the objects and types of intellectual property rights protection. By the time 1970 World Intellectual Property Organization (WIPO) was founded, the intellectual property systems of various countries had reached a new level.
Horizontal development: that is, the legal system of intellectual property rights has been implemented in more countries than capitalist countries. In the late 20th century, socialist countries began to attach importance to the intellectual property protection system. The former Soviet Union and Eastern European countries have also enacted their own patent law, trademark law and copyright law. In addition, after the end of the Second World War, the vast number of independent developing countries also implemented intellectual property rights systems such as patents in order to develop their own economies. Since 1980s, China has also begun to enact intellectual property legislation, joining the ranks of countries with intellectual property systems in the world. Of course, the intellectual property systems of socialist countries, developing countries and capitalist countries are different in many aspects. For example, in the former Soviet Union and most eastern European countries, the invention protection system (the so-called "dual-track system") is a mixture of the inventor certificate system and the patent system. It is stipulated that after obtaining the inventor certificate, the invention right belongs to the state, and the inventor only gets a certain remuneration, and cannot refuse others approved by the state to use the invention. Another example is that some independent developing countries implement the system of "imported patents" and "confirmed patents", because such patents are granted on the basis of valid patents in foreign countries (former suzerain countries) and can be confirmed by domestic patent offices once they are registered. This kind of patent system has great dependence, and actually it has not established a completely independent patent system in China.
4. The stage of linking the intellectual property system with trade (from the end of the 20th century to the present)
With the development of science and technology, the knowledge and technical content of commodities in international trade are increasing. In order to gain and maintain the dominant position in the market, countries, especially developed countries, have begun to attach importance to the protection of intellectual property rights in international trade. Some countries not only pay attention to improving their own intellectual property legislation and law enforcement, but also try to use domestic legislation and sign or amend international conventions and treaties to force other countries to improve their own intellectual property protection. The most striking development at this stage is the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) within the framework of the General Agreement on Tariffs and Trade (replaced by the World Trade Organization since 1995), which was strongly promoted by developed countries led by the United States. The birth of TRIPS not only further expanded the scope of intellectual property protection, but also put forward the minimum protection requirements that WTO members must meet, unified the original intellectual property systems of different countries to the same minimum protection standard to a considerable extent, and had a far-reaching impact on the future development of the world intellectual property system and even the economic and trade relations between countries.