The Idea Bank is a compilation of selected feedback by the public received through PEMUDAH Website which might be useful for information and reference purposes. The compilation includes complaints, inquiries and suggestions addressed to various Government Agencies which have been appropriately edited for general viewing.
Please also be informed that the information, relevant acts, rules and procedures provided therein may have been reviewed, revised or updated by the respective Government Agencies. You may want to visit the relevant websites for information or submit your inquiries through our Feedback Form.
Which authrority in Malaysia should I go to Patent Register my Company’s Logo.
The Intellectual Property Corporation of Malaysia (MyIPO) is in charge of matters relating to intellectual property in Malaysia. As such, you may want to contact them at:
The Patent Registration Office, Intellectual Property Corporation of Malaysia, 32nd Floor, Menara Dayabumi, Jalan Sultan Hishamuddin, 50623 Kuala Lumpur.
Tel : 603-2263 2100 Fax : 603-2274 1332 or alternatively you could browse their website at www.myipo.gov.my
I have 3 inquiries:
- What is the reason of the land office to reject an application of the transfer of a bumi seller to a non-bumi purchaser when the condominium is NOT a bumi units?
- Why does transfer takes so long to be approved?
- If the seller submits an appeal to land office, how long does it takes for seller to get an answer?
- Generally, the policy on transfer of strata-title ownership from a bumiputra to a non-bumiputra is decided by the State Authority based on the current requirement. In this case there is a possibility the state policy does not allow the subject transfer to be approved. The registration of ownership transfer for a complete application or has no problem, normally takes about 30 days or less while for appeals depend on the state. As such review of policies and appeal time frame should be better referred to the Land Office in the state concerned.
- Applicants can appeal to the related State Land Office accompanied by transfer justification together with appeal payment charged by the State Authority.
I own a property in Bukit Cheras. The Strata Titles for this development is issued. I am in possession on the strata of my unit. I wish to pay the chukai tanah for my unit but I was told that I have to pay through the master title. Now, please tell me how can there be two (2) titles to one property.
The PTGWPKL informed that there could be a confusion with the complainant regarding this matter.
The information I received is as follows:
- Strata buildings do have two titles that is the Strata and Master
- Payments of Cukai Tanah will refer to the Master Title while the payment for cukai pintu refer to the Strata Title.
- This is because Master Title refer to the land where the building is erected and the land is shared between the unit owners. The Strata Title however belongs to the individual unit owner which refers to the cukai pintu of which payment is definitely not shared.
As such every unit owner has to refer ti 2 titles when making payment for two different assessments.
Developers/banks/ purchasers are required to obtain consent to charge from the Land Office, for ordinary titles, when:
- consent to transfer has already been given; and
- the financers has agreed to finance the purchaser
- Subsection 79 (2) (g) of the National Land Code 1965 specifies that State Authorities may impose express conditions and restrictions in-interest to any alienated land.
- Therefore, an approval of land dealings shall in line with the conditions and restrictions imposed in the title.
- However, an owner, which requires approval for transfer and charge, may submit application simultaneously.
- The applications are also processed and approved simultaneously.
- Delays can occur when an owner submits an application of land transfer first followed by the application to charge.
- Currently the duration for plan approval of new building / house (applied through Majlis) will take a minimum 3 months – to 1 year.
- This process should be improved with the usage of IT.
- Suggest that the duration is based the value of the project:
- value < RM1,000,000: plan approval within 2 weeks;
- 1mil to 3 mil: plan aproval within 1 month;
- value > 3mil but< 10 mil: plan approval within 2 months
- This will enable contractors to start their projects on time.
Approval for applications submitted concurrently will take 6 months (maximum) to go through the complete process. Approval for separate application for building plan is 45 days, provided planning approval granted. Application process has been expedited through the establishment of the One Stop Center (OSC). Local Authorities can be contacted for further information.
- Reduce process timing for patent and trademark registration.
- Not easy for applicant to search available patent and trademark.
- Patent and trademark database should be open for viewing as practised in advanced countries and Singapore.
- Open trademark database will allow businesses to quickly choose an appropriate brand for a product.
- Open patent database markets local research & development.
- For purposes of search and application of trade marks and patent in Malaysia, MyIPO provides on-line data base under PANTAS.
- MyIPO has been able to grant patent on the 4th year from the date of filing provided all requirements are fulfilled.
- same procedures are adhered to as other IP Office with regards to communication on a patent application, i.e. to be limited to 2 communications only.
- MyIPO is in the process of introducing additional services for business matching to assist the patent owner and the applicant.
- As for trade marks, MyIPO has been able to register trade marks within 9 months, if there is no opposition to the trade mark.
- As Malaysia is a member of Paris Convention, there is a mandatory requirement of observing the 6 months priority periods plus advertisement in the gazette for purposes of opposition.
- Fees are charged for services provided by MyIPO as prescribed by the various IP legislations
- myIPO runs its operation with fees’ collected for the services it provides, unlike other IP Offices which are funded by the government.