PARLIAMENT | The Trademarks Bill 2019 which would allow individuals or companies to register trademarks such as smell, sound, shape and colour, was passed with amendments by Dewan Rakyat today.
Domestic trade and consumer affairs deputy minister Chong Chieng Jen said when presenting the bill for the second reading that expansion of the trademark protection scope to non-traditional marks was a necessity for the domestic and foreign trade sectors.
He said previously under the Trademarks Act 1976 (Act 175), only traditional trademarks such as name, label, signature, word, letter, number could be registered.
“Act 175 was enacted based on the United Kingdom Trademark Act 1938 but that country has abolished it and from studies, the ministry found Act 175 required thorough revision.Advertisement
“The ever-changing global trademark protection landscape required Act 175 to be reviewed in line with the current needs of traders, the business community and parties with vested interest and adding non-traditional marks,” he said.
He said the bill would also allow intellectual properties to be used as financial instruments, enhance civil and criminal proceedings and enforcement.
Aside from that, the bill would enable Malaysia to fulfil its obligations in the Madrid Protocol (agreement concerning international registration of marks) and be entitled to receive the concomitant benefits.
Meanwhile, Dewan Rakyat also unanimously passed the Trade Descriptions (Amendment) Bill 2019.