Reforms Towards Intellectual Property‐Based Economic Development in Malaysia

Abstract

It has been constantly asserted that the intellectual property (IP) system is an effective way to enhance creativity, technological innovations, trade and competitiveness. Others, however, maintain that the IP system may not necessarily be the most effective and appropriate way to fuel the economy. This article investigates the role that IP plays in the economic development of Malaysia from 1986 to 2006. In particular, the article examines the impact of IP‐based reforms, which includes not only the IP laws but other IP‐related policies with a view to determine how these policies contribute to economic development in Malaysia. For this purpose, the article starts with a brief summary of important IP‐related policies. Then the article proceeds with an analysis of trends in IP applications such as patent, trademark and industrial design application. Using data such as numbers of IP filing and grant, this article suggests ways in which the reforms in IP‐related policies could have supported growth or could have directly influenced trends in IP application in Malaysia. The article further examines the growth of IP applications in four industrial sectors in Malaysia, i.e. automobiles, information technology, pharmaceuticals, and information and communications technology.

The Role of Intellectual Property in Innovation and Economic Growth of Indian MSMEs

“…It promotes international trade and facilitates commercialisation and technology transfer. IP is a critical component of a country’s economic development, as the production of new IP on a regular basis boosts investment and commercial activities (Gee et al, 2007; Sukarmijan & Sapong, 2014).…”

“…Insufficient knowledge on the significance of IP in day-by-day business, high operating cost involved with obtaining and enforcing IP rights, and perceptions of the IP system as esoteric, bureaucratic and time-consuming (Gee et al, 2007). These are some of the reasons why many MSMEs are slow to protect their IP.…”

“…Furthermore, because infringing products are frequently of poor quality, they can cause harm to customers in a variety of ways, including by posing substantial health and safety risks (Gee et al, 2007; Sukarmijan & Sapong, 2014). Finally, limited access to professionals and technical members in the area who can provide legal assistance in the application process for registering and granting IP rights more difficult and reduces the chances of success in the IP system.…”

Factors determining the post-patent entry of generic medicines in Malaysia: A survey of the Malaysian generic pharmaceutical industry

“…[3][4][5][6][7][8][9] Yet, in Malaysia, little has been reported on this phenomenon, despite the country's strong patent protection system, proliferation of pharmaceutical patents and dependence on generics availability. [10][11][12] The literature indicates that post-patent entry of generic medicines is affected by the market characteristics, behaviour of innovator companies and the existence of incentive structures that promote generic development and production by the generic industry. [4][5][6]8,13,14 In sum, the market entry of generic medicines following patent expiration is highly dependent on factors that are either internal or external to a potential generic drug entrant.…”

“…3–9 Yet, in Malaysia, little has been reported on this phenomenon, despite the country's strong patent protection system, proliferation of pharmaceutical patents and dependence on generics availability. 10–12…”