Intellectual Property Corporation Of Malaysia Act 2002

Original Language Title: Intellectual Property Corporation of Malaysia Act 2002

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WM laws of MALAYSIA Act 617 PRINT the INTELLECTUAL PROPERTY CORPORATION of MALAYSIA ACT 2002 Contain all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 6172 LAWS of MALAYSIA ACT 2002 date of Assent.................. 14th January 2002 date of publication in the Gazette............ 24 January 2002 REPRINTING BEFORE Reprinting The first ... ... more 2004 intellectual property Corporation of Malaysia 3 laws of MALAYSIA Act 617 INTELLECTUAL PROPERTY CORPORATION of MALAYSIA ACT 2002 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II The Corporation 3. Establishment Of The Corporation 4. Provision vesting provisions 5. Seal 6. Membership Of The Corporation 7. The term of Office 8. Resignation and revocation 9. Vacation of Office 10. Remuneration and allowances 11. The Director General and Deputy Director General 12. Meeting 13. The Corporation may invite others to meetings 14. Power of Minister to give directions and require information 15. Disclosure of interest 16. : The laws of Malaysia ACT 6174 PART III FUNCTIONS and POWERS of the CORPORATION section 17. The Functions Of The Corporation 18. Powers Of The Corporation 19. The Corporation may establish committees 20. Delegation of functions or powers of the Corporation PART IV PROVISIONS RELATING to EMPLOYEES 21. Employ government employees 22. Salaries, terms and conditions of service of government employees to be taken into account 23. Appointment of other employees, agents and consultants 24. Regulations with respect to employment 25. Continuation and completion of disciplinary proceedings 26. Protection from personal liability 27. Public servants 28. Public authorities Protection Act 1948 part V finance 29. The Fund 30. Expenses shall be charged on the Fund 31. Expenditure and preparation of estimates 32. Conservation Fund 33. Act statutory bodies (accounts and annual reports) 1980 34. Power to borrow 35. Investments of 36. Payment to the Federal Consolidated Fund intellectual property Corporation of Malaysia 5 PART VI GENERAL Section 37. An initial prosecution 38. Proceedings conducted by officers of the Corporation 39. Obligation of secrecy 40. Minister's power to amend the first and second schedules 41. Regulations FIRST SCHEDULE SECOND SCHEDULE laws of Malaysia ACT 6176 intellectual property Corporation of Malaysia 7 laws of MALAYSIA Act 617 INTELLECTUAL PROPERTY CORPORATION of MALAYSIA ACT 2002 an act to establish the intellectual property Corporation of Malaysia and to provide for its functions and powers-powers and for matters connected therewith.
[3 March 2003, P.U. (B) 102/2003]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the intellectual property Corporation of Malaysia Act 2002.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may prescribe different dates for different provisions in this Act.
Interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"prescribed", if there is no way of fixing is provided, means prescribed from time to time by rules, regulations or order published in the Gazette;
Laws of Malaysia ACT 6178 "rights" means all rights, powers, privileges and immunities, whether actual, contingent or anticipated;
"Committee" means any Committee established under section 19;
"Director General" means the Director General of the Corporation appointed under section 11;
"Fund" means the Fund established under section 29;
"liability" means every type of liabilities, debts, charges, duties and obligations whether present or future, actual or contingent, and whether payable or observed or implemented in Malaysia or elsewhere;
"Minister" means the Minister currently responsible for intellectual property;
"Registrar" means the Registrar of trade marks, the Registrar of patents, the Registrar of industrial designs and the Registrar of geographical indication under the relevant intellectual property legislation;
"Controller" means the controller of Copyright appointed under subsection 5 (1) of the Copyright Act 1987 [Act 332];
"Chairman" means the Chairman appointed under section 6;
"Corporation" means the intellectual property Corporation of Malaysia which was established under section 3;
"Intellectual property legislation" means the legislation specified in the first schedule;
"record" includes record stored or recorded using the computer;
"vesting date" means the date property, rights and liabilities specified by the Minister in order under subsection 4 (1) to which the Government of Malaysia, the Registrar or the controller under the relevant intellectual property legislation, entitled or subject, transferred to and vested in the Corporation;
Intellectual property Corporation of Malaysia 9 "due date" means the date this Act comes into operation;
"vested", in respect of the property, including reserves the right of property of the future or contingent and rights for the reversion or balance.
PART II The CORPORATION Establishment Of Corporation 3. (1) a body corporate by the name of "intellectual property Corporation of Malaysia" was established.
(2) the Corporation shall have perpetual succession and a common seal.
(3) the Corporation may sue and be sued (s).
(4) subject to and for the purposes of this Act, the Corporation may, upon such terms as it deems fit — (a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy any kind of movable and immovable property; and (c) transfer, assign, surrender, refund, charge, mortgage, mendemiskan, assign it, transferred or in any other way, or carries on the business of disposing of any movable or immovable property or any interest of the property vested in the Corporation.
Provision vesting provisions 4. (1) subject to this Act, the Minister may, from time to time, by order published in the Gazette, specify a date and vesting on that date all Malaysian Government property and all rights or liabilities of the Government of Malaysia, the Registrar of the laws of Malaysia ACT 61710 or Controllers specified by the Minister in such order shall, by virtue of this Act, transferred to and vested in the Corporation without any conveyancing , assignment or transfer of title.
(2) every property vested by virtue of subsection (1) in the Corporation shall be vested in the Corporation ownership, property or similar interests and similar holding as the property is vested or held immediately before the vesting date.
(3) every right in action vested by virtue of subsection (1) on the Corporation may, on and after the vesting date, demand through suit, being recovered or enforced by the Corporation in his own name and it shall not be necessary for the Corporation, the Government of Malaysia, the Registrar or the controller of the notice to the person bound by the right in the action about the vesting provisions made under subsection (1).
(4) every right or liability vested by virtue of subsection (1) on the Corporation may, on and after the vesting date, demand through suit, being recovered or enforced by or against the Corporation in his own name and it shall not be necessary for the Corporation, the Government of Malaysia, the Registrar or the controller of the notice to the person the rights or liabilities affected by vesting provisions made under subsection (1).
(5) any legal proceedings pending by or against the Government of Malaysia, the Registrar or the controller in respect of any property, rights or liabilities transferred to and vested in the Corporation by virtue of subsection (1) may, on and after the vesting date, be continued by or against the Corporation.
(6) in the case of rights or liabilities arising under any loan which is vested in the Corporation at the date of vesting, the Corporation may make any arrangements or agreements with the Government of Malaysia or any other third party regarding the rights and liabilities.
(7) on and after the vesting date, any agreement in relation to any property, rights and liabilities transferred to and vested in the Corporation under subsection (1) the intellectual property Corporation of Malaysia 11 that the Government of Malaysia, the Registrar or the controller become parties to it immediately before the vesting date, whether in writing or not, and whether or not such kind until the rights and liabilities thereunder assignable by the Malaysian Government , The Registrar or the controller, shall become effective as-by Corporation become parties to the agreement.
Seal 5. (1) the common seal of the Corporation shall include any design which is approved by the Corporation and such seal may, from time to time, be broken, changed, altered or made anew as the Corporation thinks fit.
(2) until a seal is provided by the Corporation, a stamp bearing the words "intellectual property Corporation of Malaysia" may be used and shall be deemed to be the common seal of the Corporation.

(3) the common seal shall be kept in the custody of the Chairman or any other person authorized by the Corporation and shall be authenticated either by the Chairman or by the authorized person or by any officer authorized by the Chairman in writing.
(4) all deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (3) shall be deemed to have been validly executed until the contrary is proved.
(5) Notwithstanding subsection (4), any document or instrument which, if executed by a person not being a body corporate, is not required to be sealed may be executed by the Corporation similar manner; and any other document or instrument may be executed on behalf of the Corporation by any Member, employee or agent of the Corporation who authorized generally or specially by the Corporation for that purpose.
(6) the common seal of the Corporation shall be officially and judicially noticed.
Laws of Malaysia ACT 61712 membership of the Corporation 6. (1) the Corporation shall consist of the following members: (a) a Chairman;
(b) four members representing the Government, one of whom is the Chief Secretary of the Ministry which is currently responsible for intellectual property or his/her representative;
(c) three other members who have knowledge or experience about intellectual property and matters relating to intellectual property; and (d) the Director-General.
(2) the Minister shall appoint a member as stated in paragraph (1) (a), (b) and (c).
The term of Office 7. Subject to any conditions specified in the instrument of appointment, a member of the Corporation shall, unless he first put or clear his Office or his appointment is sooner revoked, hold office for a term not exceeding three years and are eligible for re-election.
Resignation and revocation 8. (1) a member of the Corporation may, at any time, resign his Office by giving notice in writing to the Minister.
(2) the appointment of any member of the Corporation appointed by the Minister, unless the Secretary-General of the Ministry for the time being responsible for intellectual property, may, at any time, be revoked by the Minister without assigning any reason for the revocation.
Intellectual property Corporation of Malaysia 13 vacation of Office 9. The Office of a member of the Corporation shall be vacated: (a) if he dies;
(b) if he becomes bankrupt;
(c) if he has been convicted of any offence and liable to imprisonment for a term not less than two months;
(d) if he is of unsound mind or otherwise is unable to meet its obligations; or (e) if he fails to attend three consecutive meetings of the Corporation without the consent of the Chairman, or in the case of the Chairman, without the permission of the Minister.
Remuneration and allowances 10. (1) the Chairman of the Corporation shall be paid such remuneration and allowances as determined by the Minister.
(2) every Member of the Corporation shall be paid allowances at the rate determined by the Minister.
The Director General and Deputy Directors General 11. (1) the Minister shall appoint — (a) a person who has knowledge or experience about intellectual property or matters relating to intellectual property to become Director General; and (b) such number of persons to be Deputy Director-General, upon such terms and conditions as the Minister may, for the proper administration of this Act and the intellectual property legislation, and may revoke the appointment of any person so appointed without assigning any reason for the revocation.
(2) the Director General shall be responsible for the daily administration of the Corporation.
Laws of Malaysia ACT 61714 (3) the Deputy Directors General shall be subject to the direction and control of the Director General and Deputy Director General that can perform all the duties of the Director General under this Act and the intellectual property legislation as determined by the Director General.
(4) if the Director General is unable to perform his duties temporarily due to illness or any other reason, one of the Deputy Directors General may attend any meeting of the Corporation or any Committee as his successor.
Meeting 12. (1) the Corporation shall meet as often as necessary for the performance of its functions.
(2) five members of the Corporation, one Member representing the Government, shall form a quorum of the meeting of the Corporation.
(3) in the event of a question to be determined by the Corporation, there are the same number of votes, the Chairman shall have the casting vote.
(4) if the Chairman is absent or unable to act due to illness or any other reason, any member of the Corporation other than the Director-General may be appointed by the members present to chair the meeting.
(5) the Minister shall, in respect of each Member of the Corporation representing the Government, appoint an alternate member who may attend any meeting of the Corporation in lieu of the Member when the Member is unable to attend for any reason and an alternate member when attending, shall for all purposes be deemed to be members of the Corporation.
(6) subject to the provisions of this Act, the Corporation shall determine its own procedure.
Intellectual property Corporation of Malaysia 15 the Corporation may invite others to meetings 13. (1) the Corporation may invite any person to attend any meeting or deliberation of the Corporation for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation.
(2) any person invited to attend any meeting or deliberation of the Corporation under subsection (1) may be paid such remuneration or allowance as determined by the Minister.
Power of Minister to give directions and require information 14. (1) the Minister may, from time to time, give the Corporation directions of a General in accordance with the provisions of this Act in respect of the implementation of the functions of the Corporation and the Corporation shall give effect to such directions.
(2) the Corporation shall give the Minister such statement, accounts and information relating to the implementation of any of its functions under this Act or the intellectual property legislation as required or directed by the Minister from time to time.
Disclosure of interest 15. (1) a member of the Corporation or any Committee established under section 19 that have or acquire interests directly or indirectly by himself, through a member of his family or through its affiliates in connection with any matter under discussion by the Corporation or Committee shall disclose to the Corporation or Committee, as the case may be, the fact of his interest and the interest of the type.
Laws of Malaysia ACT 61716 (2) a disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Corporation or Committee, as the case may be, in which the matter is discussed and, after the disclosure, the Member — (a) shall not be counted for the purpose of forming the quorum of the meeting of the Corporation or Committee, as the case may be; and (b) cannot take part or are present in any discussion or decision of the Corporation or Committee, as the case may be, when the matter is discussed or decided.
(3) any member of the Corporation or Committee who did not disclose his interest as provided under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or both of each.
(4) no act or proceeding of the Corporation or Committee may ditaksahkan on the ground that any member of the Corporation or Committee has violated the provisions of this section.
(5) for the purposes of this section — (a) "family member", in respect of a member of the Corporation or Committee, including — (i) his spouse;
(ii) the parent (including parent's spouse);
(iii) his children (including adopted children or stepchildren);
(iv) his siblings (including siblings of spouse); and (v) husband or his wife or his siblings; and (b) "associate", in respect of a member of the Corporation or Committee, means — (i) any person who is a member or employee of the trustee (s);
Intellectual property Corporation of Malaysia 17 (ii) any of the Member firms or any nominee of his, is a partner;
(iii) partner to the Member;
(iv) the Trustees of a trust under which the Member or a member of his family to be of a trust; or (v) any corporation, within the meaning of the companies Act 1965 [Act 125], which the Member or any nominee of his or of a member of his family to become its Director or has a controlling interest or a share of the total value of not less than thirty per cent of the total issued capital of the Corporation.
Minutes 16. (1) the Corporation and every Committee shall maintain minutes of all its meetings in a proper form.

(2) any minutes made of meetings of the Corporation or of a Committee, if duly signed, shall, in any proceedings, be admissible as prima facie evidence of the facts stated in the minutes without further proof.
(3) every meeting of the Corporation or a Committee minutes shall have been made in accordance with subsection (1) and (2) shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.
PART III FUNCTIONS And POWERS Of The CORPORATION Corporation 17. The functions of the Corporation shall — (a) to ensure that the provisions of this Act and the intellectual property legislation administered, enforced, given strong powers, conducted and complied with;
Laws of Malaysia ACT 61718 (b) to act as agents of the Government and to provide services for administering, collecting and enforcing payment of the prescribed fee or any other charges under the intellectual property legislation;
(c) to regulate and supervise issues or matters relating to intellectual property in relation to the intellectual property legislation;
(d) to advise on the review and updating the intellectual property legislation;
(e) to promote and enhance the training and dissemination of knowledge and information on intellectual property;
(f) to organize, encourage and provide cooperation programme at the national level or international on issues or matters relating to intellectual property;
(g) to safeguard the interest of Malaysia in respect of any treaty or International Convention to which Malaysia become a party thereto, and shall to the extent required to give effect to any provision of the agreement or Convention;
(h) to advise the Government about the development at the international level on issues or matters relating to intellectual property;
(i) to carry out research and to Commission studies on issues or matters relating to intellectual property;
(j) to advise the Minister generally on issues or matters relating to intellectual property; and (k) to carry out any activities and do any of the things necessary or expedient and proper for the administration of the Corporation, or for any other purpose, in accordance with this Act, the Minister may direct.
Powers Of The Corporation 18. (1) the Corporation shall have power to do all that is necessary or expedient for or in connection with the performance of its functions.
Intellectual property Corporation of Malaysia 19 (2) without prejudice to the generality of subsection (1), the powers of the Corporation shall include power — (a) to use all the assets of the Corporation, mobile and immovable, in such a way that it is found expedient by the Corporation;
(b) to impose fees or charges for services rendered by the Corporation as may be prescribed by the Minister by regulations made under section 41;
(c) to appoint agents, experts or consultants as it deems fit to assist the Corporation in carrying out its functions;
(d) to provide loans to employees of the Corporation for any purpose approved by the Minister;
(e) to cooperate with any corporate body or Government Agency for the purposes of performing the functions of the Corporation;
(f) to appoint and regulate Examiners under the Patents Act 1983 [Act 291]; and (g) to do anything incidental to any of the functions and powers.
(3) the Corporation shall have all the powers necessary for or in connection with, or reasonably incidental to, the performance of the functions and exercise of its powers under the intellectual property legislation.
(4) for the avoidance of doubt declared that the powers of the Corporation shall not include the power of the Director General under the intellectual property legislation.
The Corporation may establish committees 19. (1) the Corporation may establish such committees as it considers necessary or expedient to assist it in the performance of its functions and exercise of its powers under this Act.
(2) a member of a Committee established under subsection (1) may be appointed from among the members of the Corporation or any other person found fit by the Corporation.
Laws of Malaysia ACT 61720 (3) the Corporation may revoke the appointment of any member of a Committee without assigning any reason for the revocation.
(4) the members of a Committee may resign by giving notice in writing to the Chairman.
(5) a Committee established under this section may appoint any of its members to be Chairman and may regulate its own procedure, and the Committee on the exercise of its powers shall be subject to and act in accordance with any instructions given to the Committee by the Corporation.
(6) a member of a Committee or any person invited to attend any meeting of a Committee may be paid such allowances and other expenses as determined by the Corporation.
(7) meetings of a Committee shall be held at such time and at the place determined by the Chairman of the Committee, subject to subsection (5).
Delegation of functions or powers of the Corporation 20. (1) the Corporation may delegate any of its powers or functions to any Committee established under section 19 as it regards necessary or appropriate.
(2) any function or power delegated under this section — (a) may be represented as such subject to such conditions or restrictions as are applicable generally or specially by the Corporation;
(b) shall be carried out by the Committee in the name of and on behalf of the Corporation.
(3) a delegation under this section shall not prevent the Corporation perform or carry out own any function or power delegated to that at any time.
Intellectual property Corporation of Malaysia 21 PART IV PROVISIONS RELATING to EMPLOYEES to employ government employees 21. (1) the Corporation shall, on the appointed date, accept into its employment every person who immediately before that date are in employment or services intellectual property Division, Ministry of domestic trade and Consumer Affairs, Malaysia and has been given the choice by the Malaysian Government and chose to serve as an employee of the Corporation.
(2) every such person who opts under subsection (1) to serve as an employee of the Corporation shall be employed by the Corporation on the terms and conditions of service no less favourably than the terms and conditions of service to which he is entitled to immediately before the appointed date.
(3) up to the terms and conditions of service of its employees is determined by the Corporation, the scheme and terms and conditions of service of the employees of the Government shall continue to apply to every person employed by the Corporation under subsection (1).
(4) the Minister may by order make such modifications as are necessary to the scheme and terms and conditions referred to in subsection (3) for the purpose of removing difficulties arising from the provisions of that subsection.
Salaries, terms and conditions of service of government employees to be taken into consideration 22. (1) the terms and conditions specified by the Corporation shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by that person during the employment of the Government before choosing to enter the service of the Corporation; and any such terms and conditions relating to length of service with the Corporation shall provide for the recognition of service with the Government by the person who made the choice as a service with the Corporation.
Laws of Malaysia ACT 61722 (2) if any person in the service of the Corporation that his case is not included in the scope of any pension or other schemes established under this section retires or dies while in the service of the Corporation or discharged from the service, the Corporation may give him or any other person shall be borne in whole or in part by that person, as the Corporation may think fit any remuneration or allowance as determined by the Corporation.
Appointment of other employees, agents and consultants 23. (1) subject to any regulations made under section 24, the Corporation may, from time to time, appoint and employ upon such terms and conditions as the Corporation may fit any other employees necessary for the proper administration of this Act and the intellectual property legislation.
(2) the Corporation may appoint and employ consultants and agents to manage any business or to do any act required to be dealt with or performed on its functions or to carry out the purposes of this act better.
Regulations with respect to employment 24. (1) the Corporation may, from time to time, make regulations with respect to the employment of employees of the Corporation.
(2) regulations made under this section may include provision for — (a) the methods of appointment, and the terms and conditions of service of employees of the Corporation; and (b) the payment of remuneration, pensions and other benefits to the employees of the Corporation.
Continuation and completion of disciplinary proceedings 25. (1) If on the appointed date any disciplinary proceedings pending or existing against any Government employees who have chosen to get into the service of the Corporation, intellectual property Corporation of Malaysia 23

the proceedings shall be continued and completed by the Corporation, and the law applicable to the employee immediately before the appointed date in relation to the proceedings shall apply to the proceedings continued and completed under this section.
(2) an order, decision or direction made or given by any of the disciplinary authority of the Corporation in accordance with this section shall in respect of such workers have effect and the effect of the order, decision or direction made or given by the disciplinary authority, the Disciplinary Board or the disciplinary Appeal Board, as the case may be, under the applicable law referred to in subsection (1).
(3) the Minister may by order make such modifications as are necessary to the laws referred to in subsection (1) in its application to such employees for the purpose of removing difficulties arising from the provisions of that subsection.
Protection from personal liability 26. No suit or other legal proceedings can be brought against any member or employee of the Corporation or any other person under the direction of the Corporation for anything done or intended to be done in good faith in the execution or purported execution of this Act or any other intellectual property legislation.
Public servants 27. All members of the Corporation and its committees and all employees and agents of the Corporation while on his duties as a member, employee or agent shall be deemed to be public servants within the meaning of the code of Penal Code [Act 574].
Public authorities Protection Act 1948 28. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Corporation or against any employee laws of Malaysia ACT 61724 or agent of the Corporation in respect of any act, neglect or default made or done by him on such properties or on its properties as officials described in the second schedule.
Part V Finance 29 Fund. (1) a fund known as the "intellectual property Fund" to be administered and controlled by the Corporation is established.
(2) the Fund shall consist of — (a) all moneys received by the Corporation for services rendered by the Corporation to the Government as its agent or for services rendered by the Corporation to any person;
(b) all moneys received by the Corporation through a grant;
(c) all moneys derived from the disposal, leasing or rental, or any other business about, any property vested in or acquired by the Corporation;
(d) all moneys derived as income from investments by the Corporation;
(e) all money borrowed by the Corporation under this Act; and (f) all other moneys lawfully received by the Corporation.
Expenses shall be charged on the Fund 30. The Fund shall be expended for the purpose of — (a) to pay any expenses lawfully incurred by the Corporation, including fees and legal costs and fees and other costs, and the remuneration of employees of the Corporation, including lending, retirement allowance, pension or gratuity;
Intellectual property Corporation of Malaysia 25 (b) pay any expenses, costs or other expenses incurred or accepted properly by the Corporation in the performance of its functions or exercise of its powers under this Act;
(c) purchase or rent equipment, machinery and materials, to acquire land and to erect the building, and exercise such other functions and the undertaking in the performance of its functions or exercise of its powers under this Act;
(d) refund any moneys borrowed under this Act and the interest payable thereon; and (e) generally, to pay any expenses of carrying out the provisions of this Act.
Expenditure and preparation of estimates 31. (1) the expenditure of the Corporation to the extent of any amount allowed by the Corporation for any one financial year shall be payable out of the Fund.
(2) before the beginning of each financial year, an estimate of expenditure for the next financial year in such form and containing such particulars as may be directed by the Minister shall be submitted by the Corporation to the Minister for his approval, and the Minister shall, before the beginning of the next financial year, notify the Corporation about the amount authorised for expenditure generally or the amount allowed for each description of expenditure.
(3) the Corporation may, at any time, submit to the Minister a supplementary estimate for any one financial year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimates.
Conservation Fund 32. It shall be the duty of the Corporation to maintain the Fund by performing, exercising and discharging its functions, powers and duties under this Act, the laws of Malaysia ACT such way that 61726 with uncertain that the total revenues of the Corporation are sufficient to pay all sums properly chargeable on revenue account, including depreciation and interest on capital, from year to year.
Act statutory bodies (accounts and annual reports) 1980 33. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Corporation.
Power to borrow 34. (1) the Corporation may, from time to time, with the prior approval of the Minister and the Minister of finance, borrow, at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise as may be approved by the Minister and the Minister of finance, any sums required by the Corporation to fulfil any of its obligations or performing any of its functions under this Act.
(2) the Corporation may, from time to time, with the prior approval of the Minister and the Minister of finance, borrow money by issuing bonds, debentures, debenture stock or any other securities upon such terms as it considers expedient to fulfil any of its obligations or performing any of its functions under this Act.
The investment of 35. The funds of the Corporation may, to the extent that money is not required to be expended by the Corporation under this Act, be invested in such manner as the Corporation fit after consultation with the Minister.
Payment to the Federal Consolidated Fund 36. The Corporation may by order of the Government cause to be paid to the Federal Consolidated Fund an amount not exceeding thirty per cent of the current annual surplus after the third year of its operation.
Intellectual property Corporation of Malaysia Act 617 PART VI GENERAL 27 prosecution 37. No prosecution for any offence under this Act shall be instituted except through or with the consent in writing of the Prosecutor.
Proceedings conducted by officers of the Corporation 38. An officer of the law as defined in Government Proceedings Act 1956 [Act 359] or a legal officer of the Corporation who has been admitted as a barrister and solicitor under the legal profession Act 1976 [Act 166] can be present in any civil proceedings involving the Corporation or any person holding any Office specified in the second schedule in the performance of its functions under the intellectual property legislation and may make and do all such acts and applications in respect of such proceedings on behalf of the The Corporation or the person, as the case may be.
Obligation of secrecy 39. (1) except as provided in this Act or for the purpose of any civil or criminal proceedings under any law, no Member, employee or agent of the Corporation, either within the Office or its employment period or afterwards, and there are other people who have access in any way whatsoever to any classified information or document relating to the Affairs of the Corporation may provide or otherwise disclose the information or document to any person.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Laws of Malaysia ACT 61728 Minister's power to amend the first and second schedules 40. The Minister may, by order published in the Gazette, amend the first and second schedules.
Regulations 41. The Minister may, on the recommendation of the Corporation, make such regulations as expedient or necessary to carry out the purposes of this Act.
The FIRST SCHEDULE [section 2] 1. Trade marks Act 1976 [Act 175] 2. Patents Act 1983 [Act 291] 3. Copyright Act 1987 [Act 332] 4. Industrial Designs Act 1996 [Act 552] 5. Layout Designs Act 2000 integrated circuits [Act 601] 6. Geographical indications Act 2000 [Act 602] 7. Any subsidiary legislation made under the acts specified in items 1, 2, 3, 4, 5 and 6 of the SECOND SCHEDULE [sections 28 and 38] 1. Chairman 2. Director-General 3. Deputy Director General 4. The Registrar, Deputy Registrars and assistant registrars of patents 5. The Registrar, Deputy Registrars and assistant registrars of trade marks 6. The controller, Deputy Controller and Assistant Controller of Copyright 7. The Registrar, Deputy Registrars and assistant registrars of industrial designs 8. Registrar, Deputy Registrars and assistant registrars of geographical indication 29 Malaysian intellectual property Corporation of MALAYSIA

Act 617 INTELLECTUAL PROPERTY CORPORATION of MALAYSIA ACT 2002 LIST AMENDMENT law short title force amend from — NO — the laws of Malaysia ACT 61730 laws of MALAYSIA Act 617 INTELLECTUAL PROPERTY CORPORATION of MALAYSIA ACT 2002 AMENDED SECTION LIST Section Power amend with effect from — NO — PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA