Recently, an issue was raised by a local entrepreneur claiming she had obtained copyrights to protect her product from being copied by irresponsible individuals. However, the concerning issue is people alleged that she does not understand the difference between copyrights and trademarks. Some questioned how she could file for copyright to protect her product?
Based on her clarification, many netizens tried to clear the air by suggesting that she might be confusing copyrights and trademarks. However, her action was right: to protect her product before taking it to the market to shield against copycats trying to make easy money off her idea. It’s important, though, to understand the differences between trademarks and copyrights.
What is a copyright?
In a clear definition, copyrights protect original creative works such as writings, art, music, films, literary works, sound recordings, broadcasts, and architecture. For as long as the copyright is in effect, the copyright owner has the sole right to display, share, perform, or license the material.
What is a trademark?
On the other hand, trademarks protect commercial names, logos, words, and design elements such as colours, pictures, emblems, or other special presentations of containers or packages for the products. The most common examples are brand names, corporate logos, and slogans. Another example of a trademark includes the colour for Coca-Cola, which restricts any individual from using the specific colour code or its famous wave logo. Both elements have been protected for decades.
Both copyrights and trademarks help guard business owners from violations and infringements related to their intellectual property. In Malaysia, trademark and copyright registrations are overseen by the Intellectual Property Corporation of Malaysia (MyIPO).
The benefits of getting a trademark or copyright?
With these protections, owners can take advantage of legal, economic, and moral rights. Owners of copyright have the right to take civil action against anyone whom they believe has violated their intellectual property rights. Besides, copyright owners also have economic rights, such as rights of communication to the public, rights of distribution, rights of commercial rental, and rights of reproduction.
Who can register a trademark or copyright?
The owner of the trademark or copyright can register for legal protection. The owner can be an individual, a partnership, or a company.
How to file for an application?
Should you be interested in applying for a trademark for your products or services, you may refer to MyIPO to understand the application procedures.
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