Your logo, product photos, marketing materials, and even your business strategies are all forms of intellectual property (IP). If you don’t protect them, others might copy or misuse them, which can hurt your business.

This guide will help you understand how Malaysia’s IP laws work and show you the steps to protect your trademarks, copyrights, patents, and trade secrets as a local e-commerce seller.
 

Why IP Matters in Malaysia’s E-Commerce Market

Because of the fast-paced growth of e-commerce in Malaysia and high competition, there's a higher risk that others might copy your original ideas, designs, or products. To prevent this from happening, it's important to protect your intellectual property (IP) using the legal tools available. Malaysia’s IP laws give you different types of protection:

• Trademarks: Protect your brand name, logo, or slogan.

• Copyrights: Protect your creative work like product photos, videos, graphics, or written content.

• Patents: Protect new inventions or unique product features.

• Trade secrets: Protect internal processes or strategies that give your business a competitive edge.

These rights are managed by MyIPO (Intellectual Property Corporation of Malaysia), which means once you register your IP, you can take legal action if someone uses it without your permission.
 

How Trademarks Work in Malaysia

A trademark protects the unique identity of your brand like your store name, logo, or slogan. When you register it with MyIPO under Malaysia's Trade Marks Act 2019, you get the exclusive legal right to use it in Malaysia for 10 years.

How the registration works:

1. Search MyIPO’s database to make sure your trademark isn’t already taken.

2. Classify your products or services using the NICE classification system.

3. Submit your application online via MyIPO or through an IP agent.

4. Wait for examination, you may need to fix or respond to any objections.

5. Trademark is published, allowing others 2 months to oppose it.

6. If no valid objections, you get a Certificate of Registration, valid for 10 years (and can be renewed).
    

Benefits:

• You're the only one allowed to use the trademark in Malaysia.

• You can take legal action if someone copies or misuses your brand.

• It builds customer trust and recognition.

• It becomes a business asset (you can license or sell it, e.g., for franchising).

Limitations:

• Protection only applies within Malaysia.

• Costs can be high, starting from RM950.

• You must renew it every 10 years.

• Only covers the class you register for (you’ll need to file again if you expand to other product types).

Protecting Your Creativity

In Malaysia, copyright protection is automatic, you don’t have to register anything to own the rights to your original content. As soon as you create something like a product photo, TikTok video, blog post, or software, it's legally yours under the Copyright Act 1987.

What copyright covers:

• Visual and written content (photos, product descriptions, blogs)

• Software and website code

• Videos, music, and artwork

Do you need to register?

No, but it’s highly recommended to voluntarily notify MyIPO. This helps you prove you’re the original creator if legal issues arise.

Why register (even though it's optional)?

• You’ll have official documentation if you need to go to court.

• It makes takedown requests stronger when reporting stolen content on marketplaces.

• It supports licensing or earning royalties from your work.

Patent Protection for Product Creators

If you’ve created a new and original invention like a tech tool, skincare formula, or packaging method, you can protect it with a patent under Malaysia’s Patents Act 1983. A granted patent gives you exclusive rights to make, use, and sell your invention for 20 years, but your idea must meet these three key conditions:

• Novel: completely new, not publicly known.

• Inventive: not obvious to others in the same field.

• Industrially applicable: usable in some kind of industry or business.

You can patent things like:

• Custom-built software for order or warehouse management

• New packaging designs that improve shipping or unboxing

• Special product mechanisms (e.g. a unique spray nozzle or folding system)

Helpful tips:

• If your invention isn’t fully developed yet, start with a provisional patent to secure your filing date.

• If you plan to sell internationally, use the Madrid Protocol to apply for patent protection in multiple countries.
   

Securing Trade Secrets in Your Business

Trade secrets are confidential business details that give your online store or company an edge over competitors. These can include:

• Supplier lists and pricing info

• Custom scraping tools or plugins

• Automation flows for order processing

• Customer databases

Unlike trademarks or patents, trade secrets aren’t registered in Malaysia. Instead, they are protected under contract law and common law, which means your main defense is having strong internal rules and agreements.

To protect your trade secrets:

• Always use Non-Disclosure Agreements (NDAs) with freelancers, employees, and partners.

• Limit access to sensitive tools or data. Only give access to those who truly need it.

• Regularly monitor for leaks and ensure everyone understands the confidentiality rules.

If someone leaks or steals your trade secret, you can take legal action. This includes:

• Injunctions (court orders to stop the leak)

• Compensation/damages

• In serious cases, criminal charges

Enforcing Your IP Rights on Key E-Commerce Platforms

To protect your intellectual property (IP) on platforms like TikTok, Shopee, Lazada, or Shopify, you need to take active steps to stop others from copying or misusing your content or brand.

Here's a simplified breakdown:

• Watermark your videos (on TikTok or Shopee Video) to prevent others from reusing your content without credit.

• If someone misuses your brand or content on TikTok, report them using the TikTok IP Complaint Portal.

• On Shopee, join the Brand Protection Program. It helps verified brand owners remove fake or copied listings.
   

• On Lazada, apply for LazMall status for more protection and visibility, and use their IPP tool to report IP violations.

• If you’re selling through Shopify or your own site, enable DMCA takedown tools to remove stolen content from the web. Secure all important versions of your domain name (like .com, .my, .shop) to stop copycat stores.

• Regularly check online marketplaces to catch people who might be selling fake versions of your products or using your brand illegally.

Protect Your Business and Boost Growth with BigSeller

Whether you're a beginner or scaling up, knowing how to safeguard your brand, content, and innovations is key to staying competitive. At BigSeller, we support that growth by offering a secure, centralised platform to manage your online store operations across multiple marketplaces.

From automated product syncing to real-time stock control, our tools make it easier to focus on growing your business while ensuring your intellectual property is protected.

Sign up today and receive a 7-day VIP trial coupon! Also, subscribe to the BigSeller WhatsApp channel for more tips and expert insights to boost your online business.