Ismail, Suzi Fadhilah
(2025)
An overview of the development of intellectual property law in Malaysia: some comparisons with Vietnam.
INSAF the journal of the Malaysian Bar, 42 (1).
pp. 59-83.
ISSN 0126-8538
Abstract
Intellectual property (IP) laws have consistently demonstrated a dynamic capacity to evolve in response to technological advancements and global trends. Such adaptability is essential in maintaining the relevance of legal frameworks and achieving their underlying objectives. This article seeks to examine the development of IP laws in Malaysia through a comparative analysis with Vietnam, aiming to explore the broader trajectory of regional legal evolution. As signatories to key international agreements, particularly the TRIPS Agreement, both countries have made significant strides in aligning their domestic IP regimes with global standards. Nevertheless, notable differences persist in legislative structures, enforcement mechanisms, institutional capacity, and policy orientations. The article essentially focuses on Malaysia’s IP law development, including major legislative reforms such as the Patents (Amendment) Act 2022, the Copyright (Amendment) Act 2022, and the Trademarks Act 2019, all of which reflect the country’s commitment to modernising its IP landscape. Similarly, Vietnam’s rapid progress, particularly following its accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Vietnam Free Trade Agreement (EVFTA), has culminated in substantial amendments to its Law on Intellectual Property in 2022, enhancing standards of protection, enforcement, and compliance. Key themes addressed in this paper include some of the latest developments of IP legal framework in both Malaysia and Vietnam, and the responsiveness of both legal systems to emerging challenges such as artificial intelligence (AI). The article also attempts to highlight some ongoing challenges such as the low number of patents filings, piracy, counterfeit goods, and inefficient enforcement of IP laws. By identifying the respective strengths and weaknesses of each legal system, the aim is to contribute meaningfully to the discourse on IP laws and related issues in both countries, with a view toward fostering innovation and supporting sustainable economic growth through robust and adaptive legal frameworks
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