Expert Interview: Insights from our IP experts – Malaysia

Today, let’s meet Jin Nee Wong, our IP expert based in Malaysia!

With over 30 years of experience in IP, Jin Nee advises European and other foreign businesses on protecting and enforcing their IP rights in Malaysia. She supports clients across industries in navigating local laws, tailoring IP strategies to the Malaysian market, and safeguarding their competitive edge through proactive registration, commercialisation, enforcement, and cross-border brand protection.

"In Malaysia, IP protection, commercialisation and enforcement are not one-size-fits-all. Strategies that work in Europe may not be as effective in SEA or Malaysia specifically. To stay competitive, it is essential that protection is secured early, and IP strategies are tailored to the local environment. This requires consideration of sector-specific risks, engagement with local enforcement authorities, and alignment with overall business objectives. A proactive and strategic approach can protect European SMEs’ innovations, strengthen market confidence, and ensure long-term sustainability,” said Jin Nee.

Jin Nee is one of the many professionals in the South-East Asia IP expert network, supporting international SMEs across the region.

Q1: What is one statement (impactful/key message) you would like to share with European SME doing business in South-East Asia?

In Malaysia, IP protection, commercialisation and enforcement are not one-size-fits-all. Strategies that work in Europe may not be as effective in SEA or Malaysia specifically. To stay competitive, it is essential that protection is secured early, and IP strategies are tailored to the local environment. This requires consideration of sector-specific risks, engagement with local enforcement authorities, and alignment with overall business objectives. A proactive and strategic approach can protect European SMEs’ innovations, strengthen market confidence, and ensure long-term sustainability.

Q2: From your experience, what are the main IP risks or obstacles in Malaysia that EU SMEs should be aware of? 

• Late or No Registration Leading to Bad-Faith Registration: If SMEs delay filing in Malaysia, local parties may secure rights first, making recovery costly, time-consuming, or even impossible.
• Counterfeiting (Online or Physical): Popular foreign brands are frequent targets for imitation in Malaysia. Without proactive monitoring and enforcement, infringers can exploit reputation, causing loss of market share, brand dilution, and reduced consumer trust.
• Enforcement Challenges: While civil remedies and criminal sanctions exist, effective enforcement requires clear evidence, a strategic approach, and coordinated action with agencies such as the Ministry of Domestic Trade and Cost of Living.
• Unfamiliarity with Local Regulatory Requirements: Activities such as franchising in Malaysia may require mandatory registrations or approvals from the Ministry of Entrepreneur and Cooperatives Development. Non-compliance can result in liability and inability to enforce agreements. Similarly, businesses dealing with medical devices must register their products with the Medical Device Authority, while cosmetic products must be notified to the National Pharmaceutical Regulatory Agency before sale. Failure to comply may result in regulatory sanctions and market access restrictions.
• Overreliance on Overseas Registrations: IP rights in the EU or other countries do not automatically extend to Malaysia. Relying on foreign registrations will expose SMEs in the local market, where infringers can quickly exploit the absence of local protection.

Q3: Is there something SMEs often misunderstand or overlook when it comes to IP protection in Malaysia?

Many SMEs in Malaysia mistakenly believe that IP protection is costly and mainly benefits large corporations. In reality, SMEs often have more to lose if their IP is unprotected, as their brands, proprietary information, designs, and innovations are usually their most valuable assets. Without early and effective protection, SMEs risk losing market share, investor confidence, and long-term growth opportunities, losses that are far more detrimental than the cost of securing IP rights.

Q4: What are your top practical tips or advice for European SMEs regarding IP protection in Malaysia? 

• Conduct Clearance Searches: Before launching or promoting a brand, perform IP (trademark, design, etc.) searches to confirm availability and avoid infringing existing rights.
• Register Early: Register trademarks, patents, geographical indications, and industrial designs before market entry to prevent loss of rights. For essential copyrighted works, SMEs should be prudent to use the Copyright Voluntary Notification system as additional evidence of ownership.
• Monitor and Enforce Proactively: Implement regular online and offline monitoring for illicit goods, and take swift action to safeguard IP.
• Comply with Local Requirements: Certain activities, such as franchising, require mandatory registrations or approvals. Non-compliance may result in liability and render agreements unenforceable.
• Leverage Expert Support: Utilise the IPR SME Helpdesk for South-East Asia, which offers free, confidential, and practical guidance on IP strategy, registration, and enforcement in Malaysia. Combine this with advice from experienced local IP professionals to navigate the legal and enforcement landscape effectively.

Discover our full network of IP experts across South-East Asia. 

Explore more insights on IP protection in Malaysia, download the Malaysia IP country factsheet.

If you have any further questions on how to protect your IP in SEA, contact us at expertsea-iphelpdesk [dot] eu (expert[at]sea-iphelpdesk[dot]eu).