Intellectual Property Corporation of Malaysia
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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
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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
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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
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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
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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
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Intellectual Property Corporation of Malaysia
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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;
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"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;
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"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.
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(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.
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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;
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(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.
Vacation of office
9.
The office of a member of the Corporation shall be vacated--
(a) if he dies;
(b) if he becomes a bankrupt;
(c) if he has been convicted of any offence and sentenced to
imprisonment for a term not less than two months;
(d) if he is of unsound mind or is otherwise incapable of
performing his duties; or
(e) if he absents himself from three consecutive meetings of
the Corporation without the leave of the Chairman, or in
the case of the Chairman, without the leave of the Minister.
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Remuneration and allowances
10. (1) The Chairman of the Corporation shall be paid such
remuneration and allowance as the Minister may determine.
(2) Every member of the Corporation shall be paid allowances
at such rates as the Minister may determine.
The Director General and Deputy Directors General
11. (1) The Minister shall appoint--
(a) a suitable person who has knowledge or experience in
intellectual property or intellectual property related matters
to be the Director General; and
(b) such number of persons as may be necessary to be the
Deputy Directors General,
on such terms and conditions as the Minister may determine, 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 day-to-day
administration of the Corporation.
(3) The Deputy Directors General shall be subject to the direction
and control of the Director General and they may perform all the
duties of the Director General under this Act and the Intellectual
Property Legislation as may be specified by the Director General.
(4) In the event that the Director General is temporarily unable
to perform his duties due to illness or any other cause, either of
the Deputy Directors General may attend any meeting of the
Corporation or any committee in his place.
Meetings
12. (1) The Corporation shall meet as often as may be necessary
for the performance of its functions.
(2) Five members of the Corporation, one of whom is a member
representing the Government, shall form the quorum of a meeting
of the Corporation.
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(3) If on a question to be determined by the Corporation there
is an equality of votes, the Chairman shall have a casting vote.
(4) In the event of the Chairman being absent or unable to act
due to illness or any other cause, any member of the Corporation
other than the Director General may be elected by the members
present to preside over the meeting.
(5) The Minister shall, in respect of each member of the
Corporation who represents the Government, appoint an alternate
member who may attend any meeting of the Corporation which the
member is for any reason whatsoever unable to attend and the
alternate member, when so attending, shall for all purposes be
deemed to be a member of the Corporation.
(6) Subject to the provisions of this Act, the Corporation shall
determine its own procedure.
The Corporation may invite others to meetings
13. (1) The Corporation may invite any other 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 any meeting or deliberation of the
Corporation under subsection (1) may be paid such remuneration
or allowance as the Minister may determine.
Power of Minister to give directions and require information
14. (1) The Minister may, from time to time, give to the Corporation
such directions of a general character consistent with the provisions
of this Act relating to the performance of the Corporation's functions
and the Corporation shall give effect to such directions.
(2) The Corporation shall furnish the Minister with such returns,
accounts and information with respect to the performance of any
of its functions under this Act or the Intellectual Property Legislation
as the Minister may, from time to time, require or direct.
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Disclosure of interest
15. (1) A member of the Corporation or any committee established
under section 19 who has or acquires a direct or indirect interest
by himself, a member of his family or his associate in relation to
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 nature of that interest.
(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 be disregarded for the purpose of constituting a
quorum of the meeting of the Corporation or committee,
as the case may be; and
(b) shall not take part in or be present during any discussion
or decision of the Corporation or committee, as the case
may be,
when the matter is discussed or decided upon.
(3) Any member of the Corporation or committee who fails to
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 to both.
(4) No act or proceeding of the Corporation or committee shall
be invalidated on the ground that any member of the Corporation
or committee has contravened the provisions of this section.
(5) For the purpose of this section--
(a) "a member of his family", in relation to a member of the
Corporation or a committee, includes--
(i) his spouse;
(ii) his parent (including a parent of his spouse);
(iii) his child (including an adopted child or stepchild);
(iv) his brother or sister (including a brother or sister
of his spouse); and
(v) a spouse of his child, brother or sister; and
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(b) "associate", in relation to a member of the Corporation
or a committee, means--
(i) any person who is a nominee or an employee of
such member;
(ii) any firm of which such member or any nominee
of his is a partner;
(iii) a partner of such member;
(iv) a trustee of a trust under which such member or
a member of his family is a beneficiary; or
(v) a n y corporation, within the meaning of the
Companies Act 1965 [Act 125], of which such
member or any nominee of his or a member of his
family is a director or has a controlling interest or
shares to 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 their meetings in a proper form.
(2) Any minutes made of meetings of the Corporation or 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 of which
minutes have been made in accordance with subsections (1) and
(2) shall be deemed to have been duly convened and held and all
members at the meeting to have been duly qualified to act.
PART III
FUNCTIONS AND POWERS OF THE CORPORATION
Functions of the Corporation
17.
The functions of the Corporation shall be--
(a) to ensure that the provisions of this Act and the Intellectual
Property Legislation are administered, enforced, given
effect to, carried out and complied with;
Intellectual Property Corporation of Malaysia
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(b) to act as agent of the Government and to provide services
in administering, collecting and enforcing payment of
prescribed fees 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 of the Intellectual
Property Legislation;
(e) to encourage and promote the training and the diffusion
of knowledge and information on intellectual property;
(f) to hold, encourage and provide co-operation programme
at national or international level on intellectual property
issues or matters;
(g) to safeguard the interest of Malaysia in respect of any
agreement or international convention to which Malaysia
is a party, and shall to the extent necessary give effect
to any provision of such agreement or convention;
(h) to advise the Government on developments at 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 such activities and do such things as are
necessary or advantageous and proper for the administration
of the Corporation, or for such other purposes, consistent
with this Act, as may be directed by the Minister.
Powers of the Corporation
18. (1) The Corporation shall have power to do all things necessary
or expedient for or in connection with the performance of its
functions.
(2) Without prejudice to the generality of subsection (1), the
powers of the Corporation shall include power--
(a) to utilize all the properties of the Corporation, movable
and immovable, in such manner as the Corporation may
think expedient;
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(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 such agents, experts or consultants as it deems
fit to assist the Corporation in the exercise of its functions;
(d) to grant loans to employees of the Corporation for such
purposes as may be approved by the Minister;
(e) to co-operate with any corporate body or government
agency for the purpose of performing the Corporation's
functions;
(f) to appoint and regulate Examiners under the Patents Act
1983 [Act 291]; and
(g) to do anything incidental to any of its functions and
powers.
(3) The Corporation shall have all such powers as may be necessary
for or in connection with, or reasonably incidental to, the performance
of the functions and the exercise of the powers under the Intellectual
Property Legislation.
(4) For the avoidance of doubt it is declared that the powers of
the Corporation shall not include the powers 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 the exercise of its powers under this Act.
(2) Members of a committee established under subsection (1)
may be appointed from amongst members of the Corporation or
such other persons as the Corporation thinks fit.
(3) The Corporation may revoke the appointment of any member
of a committee without assigning any reason for the revocation.
(4) A member of a committee may resign by giving notice in
writing to the Chairman.
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(5) A committee established under this section may elect any
of its members to be chairman and may regulate its own procedure,
and in the exercise of its powers such committee shall be subject
to and act in accordance with any direction given to the committee
by the Corporation.
(6) The members of a committee or any person invited to attend
any meeting of a committee may be paid such allowances and
other expenses as the Corporation may determine.
(7) Meetings of a committee shall be held at such times and
p l a c e s as the chairman of the committee may, subject to
subsection (5), determine.
Delegation of the Corporation's functions or powers
20. (1) The Corporation may delegate any of its functions or
powers to any committee established under section 19 as it may
deem necessary or desirable.
(2) Any function or powers delegated under this section--
(a) may be so delegated subject to such conditions or
restrictions as the Corporation may either generally or
specifically impose;
(b) shall be exercised by the committee in the name and on
behalf of the Corporation.
(3) A delegation under this section shall not preclude the
Corporation itself from performing or exercising at any time any
of the functions or powers so delegated.
PART IV
PROVISIONS RELATING TO EMPLOYEES
Employment of Government employees
21. (1) The Corporation shall, on the appointed date, accept into
its employment every person who immediately before that date is
in the employment or service of the Intellectual Property Division,
Ministry of Domestic Trade and Consumer Affairs, Malaysia and
who was given an option by the Government of Malaysia and has
opted to serve as an employee of the Corporation.
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(2) Every such person who opts under subsection (1) to serve
as an employee of the Corporation shall be employed by the
Corporation on terms and conditions of service not less favourable
than the terms and conditions of service to which he was entitled
to immediately before the appointed date.
(3) Until such time as the terms and conditions of service of its
employees are drawn up by the Corporation, the scheme and terms
and conditions of service of 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 may
be necessary to the scheme and terms and conditions referred to
in subsection (3) for the purpose of removing any difficulties as
a consequence of the provisions of that subsection.
Salaries, terms and conditions of service of Government
employees to be taken into account
22. (1) The terms and conditions to be drawn up by the Corporation
shall take into account the salaries and terms and conditions of
service, including any accrued rights to leave, enjoyed by the
persons while in the employment of the Government before opting
into the service of the Corporation; and any such term and condition
relating to the length of service with the Corporation shall provide
for the recognition of service with the Government by the persons
making the option as service with the Corporation.
(2) Where any person in the service of the Corporation whose
case does not fall within the scope of any pension or other schemes
established under this section retires or dies whilst in the service
of the Corporation or is discharged from such service, the Corporation
may grant to him or to such other person or persons wholly or
partly dependent on him, as the Corporation thinks fit, such allowance
or gratuity as the Corporation may determine.
Appointment of other employees, agents and consultants
23. (1) Subject to such regulations as may be made under section
24, the Corporation may, from time to time, appoint and employ
on such terms and conditions as the Corporation may think fit such
other employees as may be necessary for the proper administration
of this Act and the Intellectual Property Legislation.
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(2) The Corporation may appoint and employ consultants and
agents to transact any business or to do any act required to be
transacted or done in the execution of its functions or for the better
carrying into effect the purposes of this Act.
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) The regulations made under this section may include provisions
for--
(a) the manner of appointment, and the terms and conditions
of service of the employees of the Corporation; and
(b) the payment of gratuities, pensions and other benefits to
the employees of the Corporation.
Continuation and completion of disciplinary proceedings
25. (1) Where on the appointed date any disciplinary proceedings
is pending or existing against any employee of the Government
who has opted into the service of the Corporation, such proceedings
shall be continued and completed by the Corporation, and the law
applicable to such employee immediately before the appointed
date in relation to such proceedings shall apply to the proceedings
continued and completed under this section.
(2) An order, ruling or direction made or given by a disciplinary
authority of the Corporation pursuant to this section shall in respect
of such employee have the same force or effect as an order, ruling
or direction made or given by the Disciplinary Authority, Disciplinary
Board or Disciplinary Appeal Board, as the case may be, under
the laws referred to in subsection (1).
(3) The Minister may by order make such modifications to the
laws referred to in subsection (1) in their application to such
employee as may be necessary for the purpose of removing difficulties
as a consequence of the provisions of that subsection.
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Protection from personal liability
26.  No suit or other legal proceedings shall lie personally against
any member or employee of the Corporation or any other person
under the direction of the Corporation for anything which is done
or intended to be done in good faith in the execution or purported
execution of this Act or any of the Intellectual Property Legislation.
Public servants
27.  All members of the Corporation and its committees and all
employees and agents of Corporation while discharging their duties
as such members, employees or agents shall be deemed to be
public servants within the meaning of the Penal Code [Act 574].
Public Authorities Protection Act 1948
28.  The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against the
Corporation or against any employee or agent of the Corporation
in respect of any act, neglect or default done or committed by him
in such capacity or in the capacity of those officers described in
the Second Schedule.
PART V
FINANCE
The Fund
29. (1) A Fund to be 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 by way of grants;
(c) all moneys derived from the disposal, lease or hire of, or
any other dealings with, any property vested in or acquired
by the Corporation;
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(d) all moneys derived as income from investments by the
Corporation;
(d) all moneys borrowed by the Corporation under this Act;
and
(f) all other moneys lawfully received by the Corporation.
Expenditure to be charged on the Fund
30.
The Fund shall be expended for the purpose of--
(a) paying any expenditure lawfully incurred by the
Corporation, including legal fees and costs and other fees
and costs, and the remuneration of employees of the
Corporation, including the granting of loans, superannuation
allowances, pensions or gratuities;
(b) paying any other expenses, costs or expenditure properly
incurred or accepted by the Corporation in the performance
of its functions or the exercise of its powers under this
Act;
(c) purchasing or hiring equipment, machinery and materials
acquiring land and erecting buildings, and carrying out
any other works and undertakings in the performance of
its functions or the exercise of its powers under this Act;
(d) repaying any moneys borrowed under this Act and the
interest due on such moneys; and
(e) generally, paying any expenses for carrying into effect
the provisions of this Act.
Expenditure and preparation of estimates
31. (1) The expenditure of the Corporation up to such amount as
may be authorized by the Corporation for any one financial year
shall be defrayed out of the Fund.
(2) Before the beginning of each financial year, an estimate of
the expenditure for the following financial year in such form and
containing such particulars as the Minister may direct shall be
submitted by the Corporation to the Minister for his approval, and
the Minister shall, before the beginning of that following financial
year, notify the Corporation of the amount authorized for expenditure
generally or of the amounts authorized for each description of
expenditure.
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(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 estimate.
Conservation of the Fund
32.  It shall be the duty of the Corporation to conserve the Fund
by so performing, exercising and discharging its functions, powers
and duties under this Act as to secure that the total revenues of
the Corporation are sufficient to meet all sums properly chargeable
to its revenue account, including depreciation and interest in capital,
taking one year with another.
Statutory Bodies (Accounts and Annual Reports) Act 1980
33.  The Statutory Bodies (Accounts and Annual Reports) Act
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 the Minister
and the Minister of Finance may approve, any sums required by
the Corporation for meeting 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 the issue of bonds, debenture, debenture stocks or such
other securities upon such terms as it deems expedient for meeting
any of its obligations or performing any of its functions under this
Act.
Investment
35.  The Funds of the Corporation may, in so far as they are not
required to be expended by the Corporation under this Act, be
invested in such manner as the Corporation deems fit after consultation
with the Minister.
Intellectual Property Corporation of Malaysia
25
Payment to the Federal Consolidated Fund
36.  The Corporation may on the instruction of the Government
cause to be paid to the Federal Consolidated Fund an amount not
exceeding thirty per cent of its current annual surplus after the
third year of its operation.
PART VI
GENERAL
Institution of prosecution
37.  No prosecution for any offence under this Act shall be instituted
except by or with the consent in writing of the Public Prosecutor.
Proceedings conducted by officers of the Corporation
38.  A legal officer as defined in the Government Proceedings
Act 1956 [Act 359] or a legal officer of the Corporation who has
been admitted as an advocate and solicitor under the Legal Profession
Act 1976 [Act 166] may appear in any civil proceedings involving
the Corporation or any person holding any of the offices specified
in the Second Schedule in the performance of his functions under
the Intellectual Property Legislation and may make and do all acts
and applications in respect of such proceedings on behalf of the
Corporation or such 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 written law, no member,
employee or agent of the Corporation, whether during his tenure
of office or during his employment or after that, and no other
person who has by any means access to any classified information
or document relating to the affairs of the Corporation shall give
or otherwise disclose such 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.
26
ACT 617
Laws of Malaysia
Power of Minister 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 may be expedient or necessary for carrying
out the purposes of this Act.
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 of Integrated Circuits Act 2000 [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
SECOND SCHEDULE
[Sections 28 and 38]
1.
The Chairman
2.
The Director General
3.
The Deputy Directors General
4.
The Registrar, Deputy Registrars, Assistant Registrars of Patents
5.
The Registrar, Deputy Registrars and Assistant Registrars of Trade Marks
6.
The Controller, Deputy Controllers and Assistant Controllers of Copyright
7.
The Registrar, Deputy Registrars and Assistant Registrars of Industrial
Designs
8.
The Registrar, Deputy Registrars and Assistant Registrars of Geographical
Indications
Intellectual Property Corporation of Malaysia
27
LAWS OF MALAYSIA
Act 617
INTELLECTUAL PROPERTY CORPORATION OF
MALAYSIA ACT 2002
LIST OF AMENDMENTS
Amending law
Short title
In force from
NIL
28
ACT 617
Laws of Malaysia
LAWS OF MALAYSIA
Act 617
INTELLECTUAL PROPERTY CORPORATION OF
MALAYSIA ACT 2002
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
NIL
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA