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IP Grant Scheme |
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Intellectual property (IP) protection is essential for your company`s growth. MSC Malaysia aims to assist
you with the right funding to help you protect and capitalize on your company`s intellectual assets.
If you are a local MSC Malaysia Status Company, the MSC Malaysia Intellectual Property Grant Scheme
(IPGS) is designed to subsidise up to 70% of the initial costs incurred for filing applications to register
trade / service marks, patents (including utility innovations) and industrial designs, whether in
Malaysia or your company in obtaining IP protection. |
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About MSC Malaysia IP Grant Scheme |
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| 1. |
The MSC Malaysia Intellectual Property (IP) Grant Scheme (“MSC Malaysia IP Grant Scheme” or “IPGS”) is established by Multimedia Development Corporation Sdn Bhd (“MDeC”) to provide assistance to defray some of the costs incurred by Local¹ MSC Malaysia Status Companies in obtaining IP protection. |
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| 2. |
The IPGS is designed to subsidise up to 70%² of the initial costs (on a reimbursement basis) of filing for applications to register trade marks/ service marks, patents (including utility innovations) and industrial designs, whether in Malaysia or abroad. |
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| 3. |
The items eligible for claims under the IPGS shall be limited to the professional drafting fees, the professional and official fees for filing of applications to register trade marks/ service marks, patents (including utility innovations) and industrial designs. |
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| 4. |
The IPGS shall not cover the costs incurred beyond the initial application stage. In particular, the reimbursement under the IPGS shall not cover the cost of renewing an IP registration or maintaining a lapsed IP application/registration or matters relating to the defence of an IP, R&D costs, charges arising from the licensing or assignment or the transfer of rights or charges for conducting searches. |
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| 5. |
A single application for registration (by reference to a filing reference number allotted by a registry) shall be eligible only for a one-time reimbursement and shall not be entitled to further reimbursement in the subsequent years. |
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| 6. |
Prima facie, allocation is made on a first-come-first-serve basis and is subject to availability of funds allocated. |
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| 7. |
At all times, MDeC reserves the absolute right and discretion to approve or reject the application and to request for further information if need be. |
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| 8. |
MDeC reserves the right to vary or cancel the IPGS without prior notice. |
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¹ At least 51% equity is owned by Malaysians
² The percentage reimbursement varies, as explained in Part E below. |
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Key Objectives |
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The IPGS is designed to meet the following key objectives: |
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| 1. |
To promote protection and commercialisation of intellectual assets, in recognition of the role and importance of intellectual assets in driving the growth of a knowledge-based economy; |
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| 2. |
To encourage Local MSC Malaysia Status Companies to protect and capitalise their intellectual assets; and |
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| 3. |
To address the needs of Local MSC Malaysia Status Companies as funding has often been cited as an area of key concerns. |
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Eligibility Criteria |
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Subject to availability of funds allocated, the IPGS is opened to those Applicants with applications that fulfil the following set of criteria: |
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| 1. |
The Applicant must be a Local MSC Malaysia Status Company, defined to mean a company granted with MSC Malaysia Status, with at least 51% equity owned by Malaysians; |
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| 2. |
The Applicant must be the true owner of the IP; |
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| 3. |
For Applicant(s) whom are institutions of higher education, the IP must be arise from research conducted at the following faculties: Multimedia, Information Technology Engineering, Computer Science, Media Arts and Science , Library Science and such other related fields as may be agreed to by MDeC; |
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| 4. |
The Applicant confirms that it has the funds to pursue the application and prosecution of the IP, through to registration; and if registered, the renewal thereof; |
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| 5. |
Statements from the Applicant that the economic benefits arising from the commercialisation of the IP is intended to accrue to Malaysia; |
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| 6. |
The Applicant has not/does not and will not receive similar incentives from the Government for the same IP; |
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| 7. |
Application(s) for registration of IP must be done through a Malaysian registered patent/trade mark/industrial design IP agent defined to mean an agent registered with the Intellectual Property Corporation of Malaysia; |
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| 8. |
The Applicant must participate in relevant MSC Malaysia annual survey(s). For subsequent applications under the IPGS, the Applicant is to provide MDeC with an update on the status of such earlier IP(s) funded under the IPGS and also the economic benefits generated under the relevant IP(s); and |
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| 9. |
Application(s) for the IPGS must be received by MDeC within three (3) months from the date of filing of the relevant IP.
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IPs Not Eligible under the IPGS |
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| 1. |
Copyright: While it is recognised that copyright remains one of the key IP protection for works generated by MSC Malaysia Status companies, this category of works is currently excluded from the IPGS for the following key reasons: |
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(a) |
Difficulty in being able to properly ascertain the quality and / or commercialisation potential of the works; |
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(b) |
Difficulty in ensuring confidentiality of the works, as a Statutory Declaration of a computer programme will invariably involve the disclosure of the source code which is a proprietary and confidential information; and |
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(c) |
The cost of preparing and attesting a Statutory Declaration is relatively inexpensive i.e. cost would not be a deterrent. |
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| 2. |
Layout Design of Integrated Circuit: as per copyright above, Layout Design of Integrated Circuit is similarly excluded. |
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| 3. |
Geographical Indications: is not relevant to the ICT industry and is therefore excluded under the IPGS. |
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Categories of Reimbursement |
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| 1. |
Category A: For applications to register a Patent or Utility Innovation, the extent of reimbursement under the IPGS is as follows: |
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(a) |
Drafting fee of an invention: Up to RM7,000 or 70% of the professional fees, whichever is the lower; and |
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(b) |
Filing Fee: |
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For a single application for a Patent or Utility Innovation filed in Malaysia, up to RM1,000 or 50% of the filing fee, whichever is the lower; and |
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For a single application for a Patent or Utility Innovation filed overseas, up to RM3,000 or 50% of the filing fee, whichever is the lower, |
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Subject to a maximum of RM22,000 per Applicant per annum. |
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| 2. |
Category B: For applications to register a Trade Mark, Service Mark or Industrial Design, the extent of reimbursement under the IPGS is as follows: |
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(a) |
For a single application for a Trade Mark, Service Mark or Industrial Design filed in Malaysia, up to RM500 or 50% of the drafting and filing fee, whichever is the lower; and |
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(b) |
For a single application for a Trade Mark, Service Mark or Industrial Design filed overseas, up to RM3,000 or 50% of the drafting and filing fee, whichever is the lower, |
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Subject to a maximum of RM17,500 per Applicant per annum. |
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Application |
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The Applicant is required to submit the following: |
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Original of the following: |
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A copy of the PF 17/ TM 1/ ID 10 or Power of Attorney (in the case of foreign applications) appointing the Applicant´s Malaysian Patent / Trade Mark / Industrial Designs Agent in relation to the IP in this application; |
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The Certified True Copy(ies) of the invoice and receipt issued by the Malaysian registered Patent / TM / Industrial Designs agent evidencing that the full amount stated therein has been paid for in full by the Applicant and received in full by the said registered ag |
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The Certified True Copy(ies) of the official receipt issued by the relevant IP registry evidencing payment of the official fees for the IP application(s); and |
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The Certified True Copy(ies) of the relevant forms* filed at the relevant IP Registry:
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Patent: Patent Form 1 duly acknowledged by the IP Registry (or its equivalent, in the case of foreign applications); |
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Utility Innovation: Patent Form 14 duly acknowledged by the IP Registry (or its equivalent, in the case of foreign applications);
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Trade / Service Mark: Form TM5 duly acknowledged by the IP Registry and with the application number stamped on the form (or its equivalent, in the case of foreign applications); and/or |
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Industrial Design: Form ID1 duly acknowledged by the IP Registry & with the application number stamped on the form (or its equivalent, in the case of foreign applications). |
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| 2. |
PDF copy of the following, to be contained in a CD:
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(a) |
Complete Application Form duly signed by the Applicant; |
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(b) |
Statutory Declaration by the Malaysian registered Patents / Trade Mark / Industrial Designs agent together with the required Exhibits (please refer to item F(1)(b) above; |
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(c) |
MSC Malaysia Status Certificate or Letter of Approval issued to the Applicant company; and |
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(d) |
Form 24 of the Companies Act 1965. |
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| 3. |
Please ensure that the Application Form is fully completed, and that all necessary Supporting Documents are included. MDeC has the right to reject any incomplete Application Form and/or insufficient Supporting Documents. |
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| 4. |
Submit your application for the IPGS to : |
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Applications for MSC Malaysia IP Grant Scheme
Multimedia Development Corporation Sdn Bhd
MSC Headquarters
2360 Persiaran APEC
63000 Cyberjaya, Selangor |
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| 5. |
Applications received after 12:00pm will be deemed as submitted on the next business day. |
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| 6. |
The terms and conditions provided herein may be changed from time without prior notice at MDeC's absolute discretion. |
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Further information relating to IPGS is available here and all enquiries relating to IPGS may be directed to: |
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MSC Malaysia Client Contact Centre
1-800-88-8338 or 03-83153000
clic@mdec.com.my
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