TELEKOM MALAYSIA BERHAD (TMB)

PUBLIC COMMUNICATIONS GUIDELINES

OF MATERIAL CONTAINING
INTELLECTUAL PROPERTY RIGHTS
Table of o!"e!"#
Item Page
$ GENERAL POLICY %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%&
' INTELLECTUAL PROPERTY %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%&
& THE SECRETARIAT%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%(
( )HAT IS PUBLIC COMMUNICATIONS AND ITS IMPACT ON
INTELLECTUAL PROPERTY RIGHTS %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%(
* COMMUNICATIONS AFFECTING PATENT %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%*
5.1 What is a patent?...................................................................................5
5.2 When information cannot be disclosed? ..............................................5
5.3 When information can be disclosed?....................................................5
5.4 Typical types of communication relating to patents .............................5
5.5 When to refer to the Secretariat? .........................................................5
5.6 o! to assist the Secretariat?...............................................................6
+ COMMUNICATIONS AFFECTING INDUSTRIAL DESIGNS %%%%%%%%%%%%%%%%%%%%%%%%%+
6.1 What is an industrial design? ...............................................................6
6.2 When information cannot be disclosed?...............................................6
6.3 When information can be disclosed? ...................................................6
6.4 Typical types of communication relating to industrial designs.............."
6.5 When to refer to the Secretariat?.........................................................."
6.6 o! to assist the Secretariat?..............................................................."
, COMMUNICATIONS AFFECTING CONFIDENTIAL INFORMATION %%%%%%%%%%%%%-
".1 What is confidential information? .........................................................#
".2 When information cannot be disclosed? ..............................................#
".3 Typical types of communication relating to confidential information.....#
".4 o! to deal !ith public communications that in$ol$es disclosure? .....#
".5 When to refer to the Secretariat ..........................................................%
".6 o! to assist the Secretariat.................................................................%
- COMMUNICATIONS AFFECTING LAYOUT.DESIGNS OF INTEGRATED
CIRCUITS%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%/
#.1 What is a layout&design of an integrated circuit?..................................%
#.2 When information cannot be disclosed...............................................1'
#.3 When information can be disclosed?..................................................1'
#.4 Typical types of communication relating to layout&designs of integrated
circuits ............................................................................................1'
#.5 When to refer to the Secretariat? ......................................................1'
#.6 o! to assist the Secretariat?.............................................................1'
/ COMMUNICATIONS AFFECTING COPYRIGHT )ORKS %%%%%%%%%%%%%%%%%%%%%%%%%%%%$$
%.1 What is copyright? ..............................................................................11
0a1e $
Item Page
%.2 Typical types of !or( attracting copyright ..........................................11
%.3 When information can be disclosed?..................................................11
%.4 Typical types of disclosure relating to copyright..................................11
%.5 When to refer to the Secretariat ........................................................12
$2 COMMUNICATIONS AFFECTING TRADE MARKS %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%$'
1'.1 What is a trade mar( ........................................................................12
1'.2 )ublic communications and trade mar(s..........................................12
$$ GENERAL GUIDELINES%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%$'
11.1 *ppro$al ............................................................................................12
11.2 +anguage...........................................................................................12
11.3 ,ormat .............................................................................................12
0a1e '
TELEKOM MALAYSIA BERHAD (TMB) PUBLIC
COMMUNICATIONS GUIDELINES OF MATERIAL PERTAINING TO
INTELLECTUAL PROPERTY RIGHTS
$ GENERAL POLICY
Tele(om -alaysia .erhad /0T-.12 is committed to the communication of the
results of its sponsored acti$ities in research and de$elopment and in house
commercial pro3ects and endea$ours. 4n recognising the efforts of its
employees5 T-. is also committed to allo!ing dissemination of their !or( to
ele$ate their profile in their respecti$e industries.
4n doing so ho!e$er5 T-. is to balance this against its interest to ensure that6
the proposed public communication does not re$eal confidential
information7 or
there is no ad$erse or negati$e impact on the protection of T-.8s
intellectual property rights7 or
a competiti$e edge in the industry is maintained by T-..
9e$ie! is therefore necessary to ensure that any communication is balanced
against these aims.
4n (eeping !ith this commitment5 T-. has adopted the follo!ing guidelines and
procedures that can encourage the dissemination of information but at the same
time pro$iding the means to preser$e intellectual property rights and maintaining
a competiti$e edge in the industry.
' INTELLECTUAL PROPERTY
4ntellectual property rights are a group of legal rights that e:ist in relation to the
results and outcome of intellectual acti$ity. These can be di$ided into 6 parts6
)atents
4ndustrial designs
;onfidential information
+ayout&<esigns of 4ntegrated ;ircuits
;opyright
Trade mar(s
4nformation pertaining to each type of intellectual property right !ill be dealt !ith
separately belo! due to the different re=uirements for protection of intellectual
Tele(om -alaysia .erhad )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e &
property rights under -alaysian la!. Where there are any further =ueries on
intellectual property rights5 these =ueries can be directed to the Secretariat.
& THE SECRETARIAT
The Secretariat is the +egal and 4ntellectual )roperty ?nit5 T-. /0+4)12 !hich
!ill be the custodian and manager of all intellectual property rights of T-. and
the Tele(om >roup of ;ompanies.
With the e:ception of Tele(om 9esearch and <e$elopment Sdn .hd /0T-
9@<12 and ?ni$ersity Tele(om Sdn .hd /0?TS.12 !hich !ill ha$e their separate
secretariats5 all intellectual property matters arising !ithin T-. and the Tele(om
>roup of ;ompanies must be referred to the Secretariat.
?pon the adoption of this policy by T- 9@< and ?TS.5 all intellectual property
matters of T- 9@< and ?TS. !ill be referred to the indi$idual secretariats of
T- 9@< and ?TS.. The T- 9@< and ?TS. secretariats !ill as such ha$e to
submit half yearly reports to +4) on all matters dealt !ith by them.
( )HAT IS PUBLIC COMMUNICATIONS AND ITS IMPACT ON
INTELLECTUAL PROPERTY RIGHTS
)ublic communications is any non&confidential dissemination of information
!hether orally or in !riting by !ay of the follo!ing6
e:hibitions
demonstrations
$erbal presentations
public use
sale of the in$ention
3ournal articles
theses
abstracts
slides and pro3ected material
material discussed or distributed at non&confidential meetings5
conferences5 seminars or forums
electronic transmission of abstracts5 articles5 reports or
messages
granted and published patents A industrial designs
The abo$e is not an e:hausti$e list and may include other acti$ities similar to
the abo$e.
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e (
The impact of public communications is that it may lead to disclosure of
information !hich may ad$ersely affect the legal rights of T-. in respect of
patents5 industrial designs and confidential information. 4t may also affect the
general interest of T-. in respect of copyrighted material5 layout&designs of
integrated circuits and trade mar(s in its branding and mar(eting strategies.
* COMMUNICATIONS AFFECTING PATENT
*%$ )3a" 4# a 0a"e!"5
* patent is a right in respect of an in$ention. The in$ention must be ne!5
ha$e in$enti$e step and be industrially applicable at the date of filing the
patent application.
*%' )3e! 4!fo67a"4o! a!!o" be 84#lo#e85
4nformation about the in$ention a!!o" be disclosed until a patent
application has been filed. <isclosure before filing may cause the
in$ention to be no longer ne!.
*%& )3e! 4!fo67a"4o! a! be 84#lo#e85
/a2 When a patent application has been filed but not granted5 only a
brief description should be gi$en. This !ill pre$ent any third
parties from (no!ing the e:act technical specifications of the
in$ention. <etails of the specifications of the patent do not form
part of the public records at this stage.
/b2 When a patent has been granted5 the entire description of the
in$ention may be disclosed to the public as details of the patent
!ould ha$e been published by the patent office.
*%( T904al "90e# of o77:!4a"4o! 6ela"4!1 "o 0a"e!"#
;ommunication to public includes6
Science 3ournals
B:hibitions of ne! products
Seminars to introduce ne! products or processes
*%* )3e! "o 6efe6 "o "3e Se6e"a64a"5
)lease consult the Secretariat !hen6
/a2 any disclosure of the in$ention is necessary before a patent is
filed7 or
/b2 full disclosure of the in$ention is necessary after a patent
application has been filed but before patent has been granted.
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e *
*%+ Ho; "o a##4#" "3e Se6e"a64a"5
)lease assist the Secretariat by pro$iding the follo!ing information6
ho! the information !ill be communicated5 !hether it is a formal
presentation or a closed internal discussion
!hether the information !ill enable the recipient of the information
to recreate the sub3ect matter or copy the in$ention
the e:tent to !hich the information is descripti$e of the in$ention.
!hether the recipient has signed a non&disclosure agreement
in the e$ent the recipient has not signed a non&disclosure
agreement5 !hether the recipient is6
o a contractor
o a member of the public
o publisher of 3ournal
o organiser of e:hibitionA!or(shopAseminar
o of some other status.
Where appropriate5 the Secretariat may re=uire that you utilise the
follo!ing ca$eat prior to any disclosure6
0This disclosure is made under confidentiality and any disclosure,
sharing or comments about it is strictly forbidden until such time as the
formal patent application by Telekom Malaysia Berhad is filed. Any
breach of conduct would be subject to legal prosecution based on
foregone economic impact1.
+ COMMUNICATIONS AFFECTING INDUSTRIAL DESIGNS
+%$ )3a" 4# a! 4!8:#"64al 8e#41!5
*n industrial design a right in respect of the shape5 configuration5 pattern
or ornament applied to an article. The industrial design must be ne! and
appeals to the eye in order for registration to be granted.
+%' )3e! 4!fo67a"4o! a!!o" be 84#lo#e85
4nformation about the industrial design a!!o" be disclosed until an
industrial design application has been filed. <isclosure before filing may
cause the industrial design to be no longer ne!.
+%& )3e! 4!fo67a"4o! a! be 84#lo#e85
/a2 When an industrial design application has been filed but not
granted5 only a brief description should be gi$en. This !ill pre$ent
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e +
third parties from (no!ing the e:act nature of the industrial
design. <etails of the design do not form part of the public records
at this stage.
/b2 When registration has been granted to an industrial design5 the
entire industrial design may be disclosed to the public as details of
the industrial design !ould ha$e been published by the industrial
design office.
+%( T904al "90e# of o77:!4a"4o! 6ela"4!1 "o 4!8:#"64al 8e#41!#%
;ommunication to public includes6
B:hibitions of the ne! product
9oad sho!s of the ne! product
)romotional and mar(eting acti$ities of the ne! product
+%* )3e! "o 6efe6 "o "3e Se6e"a64a"5
)lease consult the Secretariat !hen6
/a2 any disclosure of the ne! product is necessary before an
industrial design application is filed7 or
/b2 full disclosure of the ne! product is necessary after an industrial
design application has been filed but before registration has been
granted.
+%+ Ho; "o a##4#" "3e Se6e"a64a"5
)lease assist the Secretariat by pro$iding the follo!ing information6
ho! the information !ill be communicated !hether it is a formal
presentation or a closed internal discussion
the e:tent to !hich the information is descripti$e of the industrial
design
!hether the information communicated !ill enable the recipient of
the information to recreate the industrial design
!hether the recipient has signed a non&disclosure agreement
in the e$ent the recipient has not signed a non&disclosure
agreement5 !hether the recipient is6
o a contractor
o a member of the public
o publisher of 3ournal
o organiser of e:hibition A !or(shop A seminar
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e ,
o some other status.
Where appropriate5 the Secretariat may re=uire that you utilise the
follo!ing ca$eat prior to any disclosure6
0This disclosure is made under confidentiality and any disclosure,
sharing or comments about it is strictly forbidden until such time as the
formal industrial design application by the Telekom Malaysia Berhad is
filed. Any breach of conduct would be subject to legal prosecution
based on foregone economic impact1.
, COMMUNICATIONS AFFECTING CONFIDENTIAL INFORMATION
,%$ )3a" 4# o!f48e!"4al 4!fo67a"4o!5
;onfidential 4nformation is protected by la! if (ept confidential or secret.
Cnce such information is disclosed unconditionally5 it is no longer
protected. 4f the information has any of the follo!ing criteria5 it is li(ely to
be confidential information6
/a2 access to the information is restricted
/b2 the information is not common or public (no!ledge
/c2 it is difficult to recreate the information
/d2 disclosure of the information !ould cause harm to T-.
/e2 the recipient of the information (no!s that the disclosure or
communication is in confidence
,%' )3e! 4!fo67a"4o! a!!o" be 84#lo#e85
4nformation that is confidential a!!o" be disclosed e:cept !here the
recipient has signed a non&disclosure agreement. *ll such information
disclosed must be mar(ed 0;CD,4<BDT4*+1 for the purpose of notifying
any third parties of the same.
,%& T904al "90e# of o77:!4a"4o! 6ela"4!1 "o o!f48e!"4al 4!fo67a"4o!%
*ny form of publication
*ny form of oral disclosure or presentation
*ny form of !ritten disclosure
,%( Ho; "o 8eal ;4"3 0:bl4 o77:!4a"4o!# "3a" 4!<ol<e# 84#lo#:6e5
;onfidential information cannot be disclosed until appro$al is obtained
from the Secretariat.
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e -
4f appro$ed the follo!ing steps must be ta(en6
/a2 To enter into a Don&<isclosure *greement !ith the recipient of the
confidential information7 andAor
/b2 To use the follo!ing confidentiality notice6
This disclosure is made under confidentiality and any disclosure,
sharing or comments about it is strictly forbidden. Any breach of
conduct would be subject to legal prosecution.
,%* )3e! "o 6efe6 "o "3e Se6e"a64a"
)lease consult the Secretariat !hen it is necessary to disclose all forms
of ;onfidential 4nformation.
,%+ Ho; "o a##4#" "3e Se6e"a64a"
)lease assist the Secretariat by pro$iding the follo!ing information6
Whether the disclosure is a formal presentation or a closed
internal discussion
the e:tent of the disclosure of the confidential information
!hether the recipient has signed a non&disclosure agreement
in the e$ent the recipient has not signed a non&disclosure
agreement5 !hether the recipient is6
o a contractor
o a member of the public
o publisher of 3ournal
o organiser of e:hibition A !or(shop A seminar
o some other status
information about the de$elopment of the confidential information7
the reason for the proposed disclosure or communication7
a brief !rite up on !hy you thin( the information is confidential in
nature.
- COMMUNICATIONS AFFECTING LAYOUT.DESIGNS OF INTEGRATED
CIRCUITS
-%$ )3a" 4# a la9o:".8e#41! of a! 4!"e16a"e8 46:4"5
+ayout&design is a right in respect of integrated circuit. 4n order for rights
to $est5 the layout&design must be original and not copied5 must not be
common and must be incorporated into an integrated circuit.
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e /
-%' )3e! 4!fo67a"4o! a!!o" be 84#lo#e8
4nformation about the layout design a!!o" be disclosed until it has been
incorporated into an integrated circuit. This is because rights !ill only
$est once the lay&out design has been incorporated into an integrated
circuit.
-%& )3e! 4!fo67a"4o! a! be 84#lo#e85
4nformation of the layout design can be disclosed !hen6
/a2 the layout&design has been incorporated into an integrated circuit7
or
/b2 the re=uisite Statutory <eclarations ha$e been e:ecuted as pro$e
of o!nership o$er the layout&design of the integrated circuit.
-%( T904al "90e# of o77:!4a"4o! 6ela"4!1 "o la9o:".8e#41!# of
4!"e16a"e8 46:4"#
<isclosure of layout design is usually made in6
B:hibitions of the ne! layout&design of the integrated circuit
)romotional and mar(eting acti$ities of the ne! layout&design of
the integrated circuit
-%* )3e! "o 6efe6 "o "3e Se6e"a64a"5
)lease consult the Secretariat !hen it is necessary to disclose the layout
design6
/a2 before the layout&design has been incorporated into an integrated
circuit7 and
/b2 before e:ecution of the re=uisite Statutory <eclaration.
-%+ Ho; "o a##4#" "3e Se6e"a64a"5
)lease assist the Secretariat by pro$iding the follo!ing information6
ho! the information !ill be communicated5 !hether it is a formal
presentation or a closed internal discussion
the e:tent of the disclosure
!hether the recipient has signed a non&disclosure agreement
in the e$ent the recipient has not signed a non&disclosure
agreement5 !hether the recipient is6
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e $2
o a contractor
o a member of the public
o publisher of 3ournal
o organiser of e:hibition A !or(shop A seminar
o some other status
information about the layout&design and the current industry
practice.
/ COMMUNICATIONS AFFECTING COPYRIGHT )ORKS
/%$ )3a" 4# o096413"5
;opyright is a right relating to e:pression of ideas or information. The
manner in !hich the idea has been e:pressed must not be copied5
other!ise it is not original.

/%' T904al "90e# of ;o6= a""6a"4!1 o096413"
Written material for e:ample boo(s5 pamphlets7 biographies5
essays5 articles5 letters5 reports5 memoranda5 lectures5
compilations or tables
;omputer programs
<ra!ings5 paintings7 prints and three dimensional reproductions
-aps5 plans5 charts5 diagrams5 illustrations5 s(etches and three
dimensional !or(s related to geography5 architecture or science
)hotographs
Sound recording
.roadcast
/%& )3e! 4!fo67a"4o! a! be 84#lo#e85
4f the information does not fall !ithin any of the rights set out in guidelines
5 to " abo$e5 such information can be disclosed but must contain the
follo!ing copyright notice6
0 !year of publication" Telekom Malaysia Berhad.
/%( T904al "90e# of 84#lo#:6e 6ela"4!1 "o o096413"
*ny form of publication
*ny form of oral disclosure or presentation
*ny form of !ritten disclosure
B:hibitions
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e $$
.roadcast
/%* )3e! "o 6efe6 "o "3e Se6e"a64a"
There is no need to refer to the Secretariat as long as the steps set out
abo$e in guideline %.3 are met.
$2 COMMUNICATIONS AFFECTING TRADE MARKS
$2%$ )3a" 4# a "6a8e 7a6=
* trade mar( is usually a logo or !ord !hich is used to inform the public
as to !here the goods and ser$ices come from. *s such trade mar(s are
al!ays disclosed to the public.

$2%' P:bl4 o77:!4a"4o!# a!8 "6a8e 7a6=#
The trade mar( itself !ill not be confidential. The only information !hich
may be rele$ant to trade mar(s !ould be mar(eting strategies or other
information about the trade mar( !hich may be confidential information.
*s such the guidelines relating to ;onfidential 4nformation in guideline "
apply.
$$ GENERAL GUIDELINES
$$%$ A006o<al
Where appro$al is re=uired5 the 0)ublic <isclosure 9e=uest ,orm1
identified as *nne:ure . should be completed.
$$%' La!1:a1e
*ll communication and disclosure must be in Bnglish or the national
language. 4t must be grammatically correct and !ritten in a clear and
concise manner.
$$%& Fo67a"
/a2 *ll sheets shall be free from crac(s5 creases and folds
/b2 *ll documents shall be on *4 paper /2%." c.m. : 21 c.m.2
/c2 The margins on all sides shall be at least 2 c.m. and the te:t shall
be 3ustified
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e $'
/d2 *ll sheets shall be numbered at the bottom of the sheet in the
middle in consecuti$e *rabic numerals
/e2 The te:t shall be typed or printed in dar( colour in at least single
spacing but graphics5 dra!ings and illustrations may be hand
dra!n
/f2 The te:t should be in Times De! 9oman font in siEe 12 but the
heading in siEe 14
/g2 Where applicable5 a list of references numbered in se=uence
should be gi$en at the end of the disclosure
APPENDI> A
,+CW ;*9T S?--*9F C, )?.+4; ;C--?D4;*T4CDS
>?4<B+4DBS C, -*TB94*+ ;CDT*4D4D> 4DTB++B;T?*+
)9C)B9TF 94>TS
Tele(om -alaysia .erhad 6 )ublic ;ommunications >uidelines of -aterial )ertaining to 4ntellectual )roperty 9ights
0a1e $&
APPENDI> B
APPENDI> B
9BG?BST ,C9- C, )?.+4; ;C--?D4;*T4CDS >?4<B+4DBS C,
-*TB94*+ ;CDT*4D4D> 4DTB++B;T?*+ )9C)B9TF 94>TS
14