Intellectual Property Corporation of Malaysia 1 LAWS OF MALAYSIA REPRINT Act 617 INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA ACT 2002 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA ACT 2002 Date of Royal Assent ... ... ... ... ... 14 January 2002 Date of publication in the Gazette ... ... 24 January 2002 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2004 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. Vesting provisions 5. Common seal 6. Membership of the Corporation 7. Terms of office 8. Resignation and revocation 9. Vacation of office 10. Remuneration and allowances 11. The Director General and Deputy Directors General 12. Meetings 13. The Corporation may invite others to meetings 14. Power of Minister to give directions and require information 15. Disclosure of interest 16. Minutes 4 ACT 617 Laws of Malaysia PART III FUNCTIONS AND POWERS OF THE CORPORATION Section 17. Functions of the Corporation 18. Powers of the Corporation 19. The Corporation may establish committees 20. Delegation of the Corporation's functions or powers PART IV PROVISIONS RELATING TO EMPLOYEES 21. Employment of 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. Expenditure to be charged on the Fund 31. Expenditure and preparation of estimates 32. Conservation of the Fund 33. Statutory Bodies (Accounts and Annual Reports) Act 1980 34. Power to borrow 35. Investment 36. Payment to the Federal Consolidated Fund Intellectual Property Corporation of Malaysia 5 PART VI GENERAL Section 37. Institution of prosecution 38. Proceedings conducted by officers of the Corporation 39. Obligation of secrecy 40. Power of Minister to amend the First and Second Schedules 41. Regulations FIRST SCHEDULE SECOND SCHEDULE 6 ACT 617 Laws of Malaysia 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 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) This Act comes into operation on a date to be appointed by the Minister, by notification in the Gazette, and the Minister may appoint different dates for different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires-- "this Act" includes any subsidiary legislation made under this Act; "prescribed", where no manner of prescribing is provided, means prescribed from time to time by rules, regulations or orders published in the Gazette; 8 ACT 617 Laws of Malaysia "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective; " c o m m i t t e e " 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; "liabilities" means liabilities, debts, charges, duties and obligations of every description whether present or future, actual or contingent, and whether payable or to be observed or performed in Malaysia or elsewhere; "Minister" means the Minister for the time being 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 Indications 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 established under section 3; "Intellectual Property Legislation" means the legislation specified in the First Schedule; "record" includes record stored or recorded by means of a computer; "vesting date" means the date on which properties, rights and liabilities specified by the Minister in the order under subsection 4(1) to which the Government of Malaysia, the Registrar or Controller under the relevant Intellectual Property Legislations, was entitled or subject to, are transferred to and vested in the Corporation; Intellectual Property Corporation of Malaysia 9 "appointed date" means the date on which this Act comes into operation; "vested", in relation to property, includes having rights to property which are future or contingent and rights in reversion or remainder. PART II THE CORPORATION Establishment of the Corporation 3. (1) A body corporate by the name of "Intellectual Property Corporation of Malaysia" is established. (2) The Corporation shall have perpetual succession and a common seal. (3) The Corporation may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Corporation may, upon such terms as the Corporation deems fit-- (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with any movable or immovable property or any interest in such property vested in the Corporation. Vesting provisions 4. (1) Subject to this Act, the Minister may, from time to time, by order published in the Gazette, appoint a vesting date and on such date all properties of the Government of Malaysia and all the rights or liabilities of the Government of Malaysia, the Registrar or the Controller specified by the Minister in such order shall, by virtue of this Act, be transferred to and vested in the Corporation without any conveyance, assignment or transfer. 10 ACT 617 Laws of Malaysia (2) Every property vested by virtue of subsection (1) in the Corporation shall be so vested in the Corporation for the like title, estate or interest and on the like tenure as the property was vested or held immediately before the vesting date. (3) Every chose-in-action vested by virtue of subsection (1) in the Corporation may, on and after the vesting date, be sued on, recovered or enforced by the Corporation in its own name and it shall not be necessary for the Corporation, the Government of Malaysia, the Registrar or the Controller to give notice to the person bound by the chose-in-action of the vesting effected under subsection (1). (4) Every right or liability vested by virtue of subsection (1) in the Corporation may, on and after the vesting date, be sued on, recovered or enforced by or against the Corporation in its own name and it shall not be necessary for the Corporation, the Government of Malaysia, the Registrar or the Controller to give notice to the person whose right or liability is affected by the vesting effected under subsection (1). (5) Any pending legal proceedings by or against the Government of Malaysia, the Registrar or the Controller which relate to any property, right or liability 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 loans which is vested in the Corporation on the vesting date, the Corporation may enter into such arrangements or agreements over such rights and liabilities with the Government of Malaysia or any third party. (7) On and after the vesting date, any agreement relating to any property, rights and liabilities transferred to and vested in the Corporation under subsection (1) to which the Government of Malaysia, the Registrar or the Controller was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Government of Malaysia, the Registrar or the Controller shall have effect as if the Corporation has been a party to the agreement. Intellectual Property Corporation of Malaysia 11 Common seal 5. (1) The common seal of the Corporation shall bear such device as the Corporation may approve 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 "The 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 by either the Chairman or by such 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, until the contrary is proved, be deemed to have been validly executed. (5) Notwithstanding subsection (4), any document or instrument which, if executed by a person who is not a body corporate, is not required to be under seal may in like manner be executed by the Corporation; and any such document or instrument may be executed on behalf of the Corporation by any member, employee or agent o f the Corporation generally or specially authorized by the Corporation in that behalf. (6) The common seal of the Corporation shall be officially and judicially noticed. 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 shall be the Secretary General of the Ministry for the time being charged with the responsibility for intellectual property or his representative; 12 ACT 617 Laws of Malaysia (c) three other members who have relevant knowledge or experience in intellectual property and intellectual property related matters; and (d) the Director General. (2) The Minister shall appoint the members specified under paragraphs (1)(a), (b) and (c). Terms of office 7.  Subject to such conditions as may be specified in his instrument of appointment, a member of the Corporation shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years and may be eligible for reappointment. 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, except the Secretary General of the Ministry for the time being charged with the responsibility for intellectual property, may, at any time, be revoked by the Minister without assigning any reason for the revocation.