Intellectual Property Licensing Guidelines of Iskandar ... · PDF file1.7. Investors in Iskandar Development Region are well-positioned ... to IRDA in respect of literary works (such

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Intellectual Property Licensing Guidelines of Iskandar Regional Development Authority

Contents

No Title Page

1 Aims and Objectives

2 Definitions

3 Licensing Guidelines: Applicability and Exemptions

4 Types of Licensable Intellectual Property

5 Licensing Criteria

6 Procedure to Apply for a Licence

7 Revocation and Suspension of Licence

8 Voluntary Termination

9 Effect of Termination, Revocation, Suspension and Expiration of the Licence

10 Renewal of Licence

11 Licence Fee

12 General Terms of Licence

13 Transitional Period

14 Miscellaneous

Schedule A Licensable Trade Marks of IRDA

Schedule B Licence Fees

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Licensing Guidelines of Iskandar Regional Development Authority.

1. Aims & Objectives

1.1. Iskandar Regional Development Authority (“IRDA”) is empowered under the Iskandar

Regional Development Authority Act 2007 (“Act 664”) to provide for the proper direction,

policies and strategies in relation to the development within Iskandar Development

Region and to provide for co-ordination between government agencies to promote trade,

investment and development within the region.

1.2. Substantial time, costs and efforts have been spent by IRDA to create, develop, acquire

and protect their intellectual properties for the promotion and marketing of Iskandar

Development Region at the international arena. An Intellectual Property Policy (“IP

Policy”) has been crafted to assist IRDA in fulfilling its statutory role and objectives to

develop Iskandar Development Region into a strong and sustainable metropolis of

international standing.

1.3. IRDA adopts an investor-friendly approach and efficient work processes in the

management, administration and implementation of IRDA’s licensing framework.

IRDA’s licensing framework aims to provide economic, environmental and social benefits

for Iskandar Development Region businesses and the broader community, including

generating more revenue, expansion of business opportunities and improved

international competitiveness.

1.4. In order to facilitate the management, administration and implementation of IRDA’s

licensing framework, this Licensing Guidelines are formulated to enable and encourage

the investors to obtain a licence to use or adopt IRDA’s Intellectual Property for the

benefits of their businesses.

1.5. The Licensing Guidelines are intended to outline the management, administration and

implementation of IRDA’s licensing framework or activities which shall include but not

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limited to the process and procedures, requirements, conditions and all other matters

relating to the licensing of IRDA’s Intellectual Property.

1.6. The Licensing Guidelines are intended to serve as a general guidance and are not intended

to be an exclusive or exhaustive list of all the requirements and considerations that are to

be taken into account in determining matters relating to the commercialisation and

utilisation of IRDA’s Intellectual Property.

1.7. Investors in Iskandar Development Region are well-positioned to benefit from IRDA’s IP

Policy and all interested party intending to use or commercialise IRDA’s Intellectual

Property shall at all times follow or adhere to the procedures, process, requirements,

conditions and other relevant matters provided in the Licensing Guidelines and any other

notification issued by the Intellectual Property Committee (“IPC”) from time to time

relating to the licence granted.

1.8. The IPC reserves the right and has full discretion in deciding all matter relating to the

commercialisation and utilisation of IRDA’s Intellectual Property, including but not

limited to the choice of licensee, the licensable Intellectual Property, the extent of rights

licensed and conditions of any licence granted.

2. Definitions

2.1. “Applicant” means any person including but not limited to any company, corporation,

society, non-profit organisation, individual and partnership, whether local or foreign,

who is applying to IRDA for a licence to use or commercialise IRDA’S Intellectual

Property;

2.2. “Certificate of Licence” means the document issued by IRDA to the Licensee certifying

the Licence granted to the Licensee;

2.3. “Intellectual Property” or “IP” means trade marks, service marks, trade names, domain

names, logos, get-up, patents, inventions, designs, trade secrets and confidential

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information, know-how, copyrights, database rights and all other similar rights in any

part of the world whether registered or otherwise;

2.4. “Intellectual Property Committee” or “IPC” means the Intellectual Property Committee

established by IRDA pursuant to section 14 of the Act, responsible to monitor, oversee

and ensure an effective implementation of the IP Policy and to manage, regulate and

administer the use and commercialisation of IRDA’s Intellectual Property;

2.5. “Intellectual Property Licensing Sub-Committee” or “IPLC” means the sub-committee

established under the IPC, assisting the IPC in managing, administering and

implementing the IP licensing framework including but not limited to the processing of

licence applications and renewal applications, granting of licences, monitoring

compliance of the licence conditions; providing assistance and advice to the interested

parties in respect of IRDA’s licensing framework; collecting licensing fees; taking action

against misuse, unauthorised use and infringement of IRDA’s Intellectual Property;

2.6. “IRDA” means Iskandar Regional Development Authority as established under section 3

of the Act;

2.7. “IRDA Act” refers to the Iskandar Regional Development Authority Act 2007 (Act 664);

2.8. “IRDA’s Brand Identity Guidelines” means the relevant part of the guidelines crafted

by IRDA to govern the use of IRDA’s trade marks by the Licensee annexed as Schedule

D;

2.9. “IRDA’s IP” means the Intellectual Property that is created, owned or acquired by IRDA;

2.10. “Iskandar Development Region” means the area or areas designated under section 15 of

the Act;

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2.11. “Iskandar Regional Development Authority Fund” means the fund as created under

section 33 of the Act;

2.12. “Licensor” means IRDA as the true and rightful proprietor of IRDA’s IP;

2.13. “Licensee” means any Applicant who has been granted licence(s) to use or commercialise

any of IRDA’s IP in accordance with the licensing terms and conditions.

2.14. “Licence Fee” means the amount stated in Schedule C;

3. Licensing Guidelines: Applicability and Exemptions

3.1. IRDA, as the owner of the IRDA’s IP, has registered or otherwise obtained protection of

various IP including but not limited to various trade marks, copyrighted works and other

forms of IP which have been created, developed or acquired by IRDA.

3.2. Requirement for a Licence to Use IRDA’s IP

3.2.1. Unless expressly exempted by the IPC in writing or in Paragraph 3.3 of the Licensing

Guidelines, any interested parties intending to use or commercialise IRDA’s IP must

apply and obtain from IRDA a licence to use, or commercialise the relevant IP. All

applications shall be made in writing in accordance with the requirements and procedures

set out in the Licensing Guidelines.

3.3. Exemptions From The Licensing Requirement

3.3.1. The licensing requirement shall not extend to the use or adoption of IRDA’s trade marks

in the news media for the purpose of review, reporting or publication of current events.

3.3.2. Compliance of the licensing requirement may be exempted by the IPC or IRDA whenever

deemed appropriate by the IPC or IRDA at their sole discretion.

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4. Types of Licensable Intellectual Property

4.1. The following is a brief description of the common type of IP owned by IRDA.

4.2. Trade marks

4.2.1. Trade mark includes a word, phrase, letter, slogan, numeral, logo, sign, picture, name,

device and any combination of the foregoing. IRDA is the registered and common law

proprietor of numerous trade marks. Please refer to Schedule A for a list of licensable

trade marks owned by IRDA. Any intended use of the IRDA’s trade marks requires the

express written consent and approval from IRDA prior to the commencement of use.

4.2.2. Any use or association with IRDA’s trade marks in connection with any trade, business,

profession calling or occupation without the express prior consent from IRDA may be

considered as an infringement and the person or organisation will be subjected to legal

actions and all available legal remedies.

4.3. Copyrighted Works

4.3.1. Copyright is an exclusive right granted to IRDA in respect of literary works (such as

article, book, letters, presentation, computer programme, brochures, pamphlets,

newsletter), musical works, artistic works (such as drawing, graphic, photograph), films,

advertisements, sound recordings, broadcasts and derivative works (“Works”) authored,

created, developed or acquired by IRDA.

4.3.2. Examples of IRDA’s copyrighted works include but are not limited to the presentations,

brochures, pamphlets, corporate video, theme songs, mobile apps, software, blueprints,

guidelines, articles and photos.

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4.3.3. Copyright in all of IRDA’s presentation materials, marketing materials, artwork and

designs, software and any other materials, brochures, pamphlets and other forms of

printed or recorded content, including audio, visual and computer applications are

owned solely by IRDA. The list of licensable copyrighted works eligible for

commercialisation is available at IRDA’s online portal at [insert link]..

4.3.4. Except with the express consent of or licence granted by the IPC, usage which includes

but is not limited to reproduction in any form, distribution, communication to the public,

commercialisation by any person or organisation of IRDA’s copyrighted works in whole

or in part must be subject to the permission and approval from IRDA. Any form of

unauthorised usage amounts to copyright infringement and is subject to legal action by

IRDA.

5. Licensing Criteria

5.1. Any person who is interested in using or adopting any IRDA’s IP shall apply to IPLC for

a licence.

5.2. The IPLC will consider all complete applications with the accompanying documents and

information on its merits. The IPLC may grant the licence to the Applicant if use of IRDA’s

IP is consistent with the performance of IRDA’s functions and facilitates the achievement

of IRDA’s aims and objectives. Whilst the IPLC will strive to achieve a standardised

criteria, the licensing requirements, terms, considerations and factors to be taken into

account, the terms and conditions of the licence granted may vary depending on the

nature of the trade, business, profession, occupation, type of entity, use requirement, and

the type of IP sought to be licensed, whenever deemed appropriate by the IPLC.

5.3. Types of Applicant

5.3.1. Consent for the grant of licence may be given to the following Applicant:

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(a) Individual of full age;

(b) Active company;

(c) Sole proprietorship registered under the relevant law and authority such as Commission

of Companies in Malaysia;

(d) Non-governmental organisation;

(e) A society registered under the relevant law and authority such as the Registrar of Societies

in Malaysia;

(f) Partnership registered under the relevant law and authority such as Commission of

Companies in Malaysia; and

(g) Any other legal entity.

5.4. Criteria for Licence Application

5.4.1. In determining whether to grant a licence to the Applicant, the IPLC may take into account

the following:

(a) Nature of business of the Applicant;

(b) Type of IP intended to be used or commercialised by the Applicant;

(c) Proposed use of IRDA’s IP;

(d) Financial standing of the Applicant;

(e) Gross Development Value of the Applicant’s project within Iskandar Development

Region, if applicable;

(f) Investment of the Applicant within Iskandar Development Region;

(g) Any other relevant factors with the aims and objectives to protect IRDA’s goodwill and

reputation, the value of the IP and IRDA’s interest in the IP.

5.4.2. The IPLC may not grant any licence applied by an Applicant, if :

(a) The trade, business, profession, calling and occupation of the Applicant is associated with,

involved in, related to or for the promotion of, directly or indirectly, any activity or goods

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or services which is contrary to law, public interest, public modesty or public morality,

harmful, obscene or threatening national security;

(b) The trade, business, profession, calling and occupation of the Applicant is associated with,

involved in, related to or for the promotion of, directly or indirectly, any activity or goods

or services relating to drugs and narcotics, tobacco, massage and reflexology, firearms and

weapons, prostitution or gaming, whether legalised or otherwise;

(c) The nature of the Applicant’s trade, business, profession, calling and occupation is

associated with, involved in, related to or for the promotion of, directly or indirectly, any

trade, business, goods or services that is otherwise deemed inappropriate for reasons of

the same not being recommended to be carried out in Iskandar Development Region

under section 5 of Act 664;

(d) The Applicant is financially unsound;

(e) There is outstanding, on-going legal proceedings against the Applicant at any point of

application whether within or outside Malaysia;

(f) Use or intended use of IRDA’s IP defames IRDA, Iskandar Malaysia or Iskandar

Development Region causes disrepute to the reputation and goodwill of IRDA, the

Iskandar Malaysia, Iskandar Development Region region or the State of Johor;

(g) Use or intended use of IRDA’s IP is otherwise misleading or deceptive as to the source or

origin;

(h) Use or intended use of IRDA’s IP is in relation to matters which may be deemed offensive,

immoral, or sensitive to the general public;

(i) Use or intended use of IRDA’s IP may tantamount to an offence under the laws of

Malaysia;

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(j) Use or intended use of IRDA’s IP may contravene with any existing laws, regulations or

orders, by-laws in Malaysia; and

(k) Use or intended use of IRDA’s IP may be deemed as prejudicial to national security.

5.5. Special consideration will be given to the trade, business, profession, calling and

occupation of the Applicant which fall under the promoted economic sectors according

to the prevailing Comprehensive Development Plan, listed in IRDA’s website at

[http://www.iskandarmalaysia.com.my/comprehensive-development-plan-cdp].

5.6. The above lists in Paragraphs 5.4 and 5.5 are not meant to be exhaustive and there may be

other criteria that may be taken into account by the IPLC when determining whether or

not to grant a licence to an Applicant.

5.7. IRDA reserves the right and sole discretion to amend, review and supplement the above

lists with any activities that may be deemed offensive or otherwise inappropriate for use

in connection with IRDA’s IP or that are to be promoted by IRDA from time to time.

6. Procedure to Apply for a Licence

6.1. Any interested party intending to use or commercialise any IRDA’s IP shall apply for

permission and licence to use or commercialise from the IPLC. All applications should be

submitted in the prescribed form in accordance with the requirements and procedures set

out in the Licensing Guidelines.

6.2. IRDA’s IP shall not be used by any interested party unless a licence or exemption is

granted to the said party by the IPLC in writing.

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6.3. Submitting a Licence Application

6.3.1. The Applicant shall submit to the IPLC a duly completed Application for Consent to Use

IRDA’s Intellectual Property Form (“Application Form”) as prescribed by IPC together

with a non-refundable processing fee of Ringgit Malaysia Five Hundred (RM500) and

appropriate supporting documents as may be required by the IPLC from time to time. The

appropriate Application Form is available and can be downloaded from IRDA’s website

at [http://www.irda.com.my/ip-policy.htm].

6.3.2. The Application Form shall be submitted online through IRDA’s website, by email to the

email address stated at the end of the Licensing Guidelines or by facsimile to the fax

number stated at the end of the Licensing Guidelines. A designated contact person shall

be named in the Application Form together with a valid email address for correspondence

purposes (“designated email”).

6.3.3. The Applicant is required to specify clearly in the Application Form the IP intended for

use by the Applicant. The licence to use or commercialise of IRDA’s IP, if granted, is only

valid for the specific IP listed in the licence granted. The licence granted is by no means a

blanket permission for the Applicant to use and commercialise all IRDA’s IP. Any use or

intended use of IRDA’s IP not specified in the licence granted shall subject to a separate

application from the Applicant.

6.3.4. The application shall be supported by the following documents:

(a) Entity Profile including a brief write up of the Applicant, organisational chart;

(b) Documents of incorporation;

(c) Latest audited accounts;

(d) Proposal on intended use of IRDA’s IP including artwork and description of the

intended use, if applicable and available;

(e) Correspondences of previous applications, if applicable; and

(f) Any other supporting documents that the Applicant deems suitable and helpful to

support the application.

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6.3.5. An acknowledgement with reference number will be issued by the IPLC to the Applicant

within five (5) working days upon receipt of the submission of the Application Form and

supporting documents, subject to the clearance of the payment of the processing fee. The

reference number shall be quoted in all correspondence thenceforth.

6.3.6. The IPLC shall then examine the sufficiency and completeness of the application. The

IPLC will notify the Applicant via the designated email if the documents submitted are

incomplete. The Applicant shall, unless otherwise extended by the IPLC in writing,

submit the omitted or additional documents requested by the IPLC within ten (10)

working days from the date of the email, failing which, the application will be deemed

withdrawn.

6.3.7. The duly completed Application Form together with the relevant supporting documents

will undergo a verification and deliberation process to determine whether or not a licence

should be granted.

6.3.8. This verification and deliberation process will be completed within Twenty (20) working

days from the date of application or the date where the Applicant completes the

application, whichever is later, depending on the nature of the business, type of entity of

the Applicant, the type of IP sought to be licensed and other relevant circumstances.

6.3.9. The IPLC will notify the Applicant of the result of the verification and deliberation process

via the designated email.

6.4. Grant of Licence

6.4.1. If the IPLC decides to grant a licence to the Applicant, an acceptance letter containing the

terms and condition of the licence will be sent to the Applicant via the designated email,

which must be duly signed and returned to the IPLC within Five (5) working days from

the date of the email together with the payment of the Licence Fee.

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6.4.2. Subject to any extension of time granted by the IPLC in writing, validity of the acceptance

letter shall lapse upon expiration of the Five (5) working day period stipulated in

Paragraph 6.4.1 and the application will be deemed withdrawn.

6.4.3. Upon receipt of the duly signed acceptance letter and payment of the Licence Fee, the

IPLC shall issue a Certificate of Licence to the Applicant within Five (5) working days

from the clearance date of the payment of the Licence Fee.

6.4.4. The Certificate of Licence will specify the expiration date of the Licence. Unless otherwise

renewed by the Licensor, the Licence granted will automatically expire on the date of

expiration stated on the Certificate of Licence.

6.5. Grounds for Rejection of an Application for a Licence

6.5.1. In addition to the provision of Paragraph 5.4.2, the IPLC may reject the application for a

licence if:

(a) Any information or document that is furnished by the Applicant is false or misleading

or from which there is a material omission;

(b) The application does not comply with any requirement as may be determined by the

IPLC;

(c) The application was made without good intention or in bad faith by the Applicant;

(d) The intended use of IRDA’s IP by the Applicant may adversely affect the interests of

IRDA and/or other licensees;

(e) The Applicant had previously used or commercialised IRDA’s IP without IRDA’s

knowledge and express prior written consent; or

(f) The IPLC is of the opinion that the grant of licence is not advisable upon taking into

account various factors including but not limited to the nature of business, the type of

Applicant.

6.5.2. If the IPLC decides to reject an application for a licence, a rejection notice will be sent to

the Applicant via the designated email.

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6.5.3. The Applicant may within One (1) month from the date of the email, lodge a request

appealing against the rejection by the IPLC in the prescribed manner to the IPC.

6.6. Appeal to the IPC Against Rejection by the IPLC

6.6.1. An appeal to the IPC against the rejection of an application for licence by IPLC shall be

made by the Applicant by submitting to IPC a duly completed Request to Appeal Against

Decision of Rejecting A Licence (“Appeal Form”) as prescribed by the IPC together with

a non-refundable processing fee of Ringgit Malaysia Two Hundred and Fifty (RM250).

The Appeal Form is available and downloadable from IRDA’s website at

[http://www.irda.com.my/ip-policy.htm].

6.6.2. The Applicant shall set out its grounds of appeal in the Appeal Form and shall not submit

any additional supporting documents together with the Appeal Form, unless expressly

allowed by the IPC in writing.

6.6.3. The IPC shall, within ten (10) working days from the date of receipt of the Appeal Form,

if it thinks necessary to schedule a hearing of the appeal. Otherwise, the IPC shall re-

evaluate the Applicant’s application as a fresh application and reassess the application by

taking into account the grounds of appeal and other circumstances including the ability

to comply with the conditions of the licence and appropriateness of the intended uses.

6.6.4. If the IPC decides that it is necessary to hear the Applicant, the IPC shall inform the

Applicant of the hearing date via the designated email. The Applicant shall attend before

a panel of at least three (3) members of the IPC at the venue prescribed by the IPC on the

hearing date to present his grounds of appeal at its own cost and expense. The Applicant

shall notify the IPC via the designated email within three (3) working days whether the

Applicant intends to attend the appeal hearing proposed by the IPC.

6.6.5. If the Applicant decides not to attend the hearing, the appeal will be decided by the IPC

based on the application and documents submitted to the IPLC and the IPC.

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6.6.6. In the event the Applicant decides to attend the hearing, the IPC shall schedule a hearing

date not later than one (1) month from the date of receipt of the Applicant’s email agreeing

to attend the hearing and the Applicant may be represented by not more than two (2)

employees from the Applicant’s establishment at the hearing.

6.6.7. The decision of the IPC, which is conclusive and final, will be issued and the Applicant

will be notified via the designated email within one (1) month from the hearing date, date

of receipt of the Appeal Form or additional documents allowed to be submitted by the

IPC, whichever is the latter.

6.6.8. If the appeal is successful and the application for the grant of licence is accepted, the IPC

will instruct the IPLC to issue the letter of acceptance. The Applicant will then be required

to adhere to the acceptance procedure provided in Paragraph 6.4.

6.6.9. If the appeal is unsuccessful, no further action or appeal of the subject application may be

made. The Applicant may however submit a fresh application for a licence to use IRDA’s

IP after one (1) month from the date of the appeal decision.

7. Revocation and Suspension of Licence

7.1. The IPLC retains the sole discretion to suspend or revoke licences granted as it deems

appropriate, including in the following circumstances:

7.1.1. Where the Licensee is a natural person, upon his death;

7.1.2. Where the Licensee is a company, corporation, society or any other body of persons, on

the dissolution, cancellation, deregistration or winding up, whether voluntary or

compulsory, of the corporation, society or body by or with any other corporation, society

or body;

7.1.3. Where the Licensee is a partnership, on the dissolution of the partnership;

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7.1.4. On the Licensee ceasing to pursue the trade, business, profession, calling or occupation to

which the licence relates;

7.1.5. On transfer or change of ownership of the Licensee’s trade, business, profession, calling

or occupation to which the licence relates; or

7.1.6. Subject to Paragraph 7.2, where the Licensee has breached or failed to comply with the

terms and conditions of the licence.

7.2. Licensee has breached or failed to comply with the Licensing Terms and Conditions:

7.2.1. If it appears to the IPLC that a Licensee has breached or failed to comply with the terms

and conditions of the licence, the IPC may call upon the Licensee to show cause why his

licence should not be suspended or revoked.

7.2.2. The IPLC will notify the Licensee via the designated email of the Licensee’s breach or

failure to comply with the licensing terms and conditions, giving the Licensee an option

whether to:

(a) Appear before a panel of at least three (3) members of the IPLC on a prescribed date to

present the Licensee’s explanation why his licence should not be suspended or revoked;

or

(b) File a written submission within Fifteen (15) working days from the date of the email

notification, explaining why his licence should not be suspended or revoked.

7.2.3. The Licensee shall respond to the IPLC of his choice within Three (3) working days from

the date of the email notification.

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7.2.4. The IPLC shall hand down its decision within one (1) month from the date of hearing or

the date of receipt of the written submission provided in Paragraph 7.2.2 whether the

licence will be suspended or revoked.

7.3. A Licensee may appeal against a decision to suspend or revoke his licence based on any

reasons, by filing a duly completed Request to Appeal Against Decision of Revocation

or Suspension of A Licence (“Appeal Against Revocation or Suspension of a Licence

Form”) to the IPC within one (1) month from the date of receipt of the

Suspension/Termination Notice or the decision of the IPLC after the show cause process

stated in Paragraph 7.2. The Appeal Against Revocation or Suspension of a Licence

Form is available and can be downloaded from IRDA’s website at


7.4. The Appeal Against Revocation or Suspension of a Licence Form shall be accompanied

by a written submission stating reasons why the licence should not suspended or

terminated and a non-refundable processing fee of Ringgit Malaysia Two Hundred and

Fifty (RM250).

7.5. The IPC will then make a determination based on the Licensee’s Appeal Against

Revocation or Suspension of a Licence Form and its written submission setting out the

grounds of the appeal.

7.6. Within one (1) months from the receipt of the Licensee’s written submission, the IPC shall

issue its decision and inform the Licensee of its decision via the designated email.

7.7. The IPC’s decision on the appeal shall be conclusive and final.

8. Voluntary Termination

8.1. A Licensee may voluntarily terminate a licence arrangement by giving a seven (7) day

prior written notice to the IPLC and IPLC reserves the right to take appropriate action

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against the Licensee for any breach or failure to comply with the licensing terms and

conditions.

9. Effect of Termination, Revocation, Suspension and Expiration of the Licence

9.1. On expiration, revocation, suspension or termination of the licence for any reason and

subject to any express provisions set out in other documents issued by IRDA,

9.1.1. all outstanding sums payable by the Licensee to the Licensor shall immediately become

due and payable;

9.1.2. all rights and licences granted shall immediately cease;

9.1.3. the Licensee shall cease to make any use of the IRDA’s IP;

9.1.4. the Licensee shall return promptly to the Licensor, at the Licensee’s expense, all records

and copies of any information or document relating to the licence granted by the Licensor

or IRDA’s IP; and

9.1.5. the Licensee shall remove and clear all materials and products referring

to/bearing/consisting of the IRDA’s IP at the cost and expense of the Licensee within

ninety (90) days after the expiration, revocation, suspension or termination of the licence.

9.2. Expiration, revocation, suspension or termination of the licence shall not affect any rights

and remedies of the Licensor against the Licensee that have accrued up to the date of

expiration, revocation, suspension or termination, including the right to claim damages

in respect of any breach of the licensing terms and conditions which existed at or before

the date of expiration, revocation, suspension or termination.

9.3. For the avoidance of doubt, the effect of suspension of a licence provided under Paragraph

9.1 will continue until the IPLC sent a written notification to the Licensee via the

designated email annulling the suspension.

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10. Renewal of Licence

10.1. Licence granted is renewable subject to the approval of IRDA on the same or revised

terms and conditions determined by IRDA. The Licensee shall submit to the IPLC, three

(3) months before the expiration of the prevailing licence term, a duly completed

Application for Renewal of Licence Form (“Renewal Form”) as prescribed by IPC

together with a non-refundable processing fee of Ringgit Malaysia Five Hundred

(RM500) and appropriate supporting documents as may be required by the IPLC from

time to time. The Renewal Form is available and downloadable from IRDA’s website at


10.2. The Renewal Form shall be submitted online through IRDA’s website, by email to the

email address stated at the end of the Licensing Guidelines or by facsimile to the fax

number stated at the end of the Licensing Guidelines.

10.3. The renewal shall be supported by the following documents:

a Latest audited accounts; and

b Any other supporting documents that the Applicant deems suitable and relevant to

support the renewal application.

10.4. The IPLC shall then examine the sufficiency and completeness of the renewal. The IPLC

will notify the Licensee via the designated email if the documents submitted are

incomplete. The Licensee shall, unless otherwise extended by the IPLC in writing, submit

the omitted or additional documents requested by the IPLC within ten (10) working days

from the date of the email, failing which, the renewal will be deemed withdrawn.

10.5. The duly completed Renewal Form together with the relevant supporting documents will

undergo a verification and deliberation process to determine whether or not the licence

should be renewed.

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10.6. This verification and deliberation process will be completed within Fourteen (14) working

days from the date of filing or the date where the Licensee completes the renewal

formality, whichever is later, depending on the history of use of IRDA’s IP and other

relevant circumstances.

10.7. If the IPLC decides to renew the licence granted to the Licensee, an acceptance letter

containing the terms and condition of the renewed licence will be sent to the Licensee via

the designated email, which must be duly signed and returned to the IPLC within Five (5)

working days from the date of the email together with the payment of the Licence Fee.

10.8. Subject to any extension of time granted by the IPLC in writing, validity of the acceptance

letter shall lapse upon expiration of the Five (5) working days period stipulated in

Paragraph 10.7 and the renewal will be deemed withdrawn.

10.9. Upon receipt of the duly signed acceptance letter and payment of the Licence Fee, the

IPLC shall issue a Certificate of Licence to the Applicant within Five (5) working days

from the clearance date of the payment of the Licence Fee.

10.10. If the renewal is rejected, a notice containing the grounds of rejection will be sent to the

Licensee via the designated email.

10.11. The Licensee may within One (1) month from the date of the email, lodge a request

appealing against the rejection by the IPLC to the IPC in the prescribed manner in

accordance with the appeal process provided in Paragraph 6.6 above.

11. Licence Fees

11.1. Under section 33 of the Act, IRDA is empowered to collect fees and other charges in return

for the licence to use and commercialisation of IRDA’s IP. All payments are to be made

payable to the Iskandar Regional Development Authority Fund.

11.2. The table of fees listed in Schedule C as well as in other avenues designated by IRDA is

the list of Licence Fees payable by the Licensee depending on the interested IP, nature of

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business, duration and other relevant circumstance. IRDA reserves the right to revise,

amend or update the licensing fees and charges at its sole discretion from time to time.

12. General Terms of Licence

12.1. The Licensee shall at all time, identify themselves as IRDA’s Licensee when using and/or

commercialising IRDA’s IP;

12.2. The Licensee agrees and acknowledges that IDRA is the rightful proprietor of the IP

licensed to the Licensee, any goodwill derived from the use of IRDA’s IP by the Licensee

shall accrue to IRDA.

12.3. Apart from the rights licensed to the Licensee to use IRDA’s IP, the Licensee shall not

acquire (and shall not assert that it has acquired) any right, title or interest of any kind or

nature whatsoever in or to IRDA’s IP or the goodwill associated with IRDA’s IP;

12.4. The licence and rights granted to the Licensee are personal and cannot be assigned or

transferred to any party without prior written consent of IRDA;

12.5. The Licensee shall not sub-license, sub-contract or otherwise permit any other third

parties to use, all or any of the rights granted to the Licensee by IRDA, except with the

prior written consent of IRDA;

12.6. The Licensee shall use IRDA’s IP in accordance with the manner and specification

approved by IRDA in writing, including use of IRDA’s trade marks in accordance with

IRDA’s Brand Identity Guidelines annexed as Schedule D;

12.7. Use of IRDA’s IP must be of high quality, appropriately portray the image of Iskandar

Malaysia and must not alter the integrity and substance of IRDA’s IP;

12.8. The Licensee shall not alter, revise or amend IRDA’s IP in whatsoever manner;

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12.9. The Licensee shall submit to the IPLC for approval its proposed use of IRDA’s IP on

products or merchandise or any promotional and advertising materials prior to

distribution and publication, which will not be unreasonably withheld;

12.10. The Licensee shall not, by itself or through other party, do, or omit to do, or permit to be

done, or caused to be done, any act that will or may weaken, damage or be detrimental to

IRDA’s IP or the reputation or goodwill associated with IRDA’s IP or IRDA, or that may

invalidate or jeopardise any registration of IRDA’s IP or value of IRDA’s IP;

12.11. The Licensee shall not in any way, by itself or through other party use, apply to register

or register, in any jurisdiction throughout the world, IRDA’s trade marks or any mark or

name (including company name, business name, trading name, corporate name, domain

name, project name) which contains IRDA’s trade marks or any part of IRDA’s trade

marks or any elements similar to or likely to be confused with IRDA’s trade marks;

12.12. The Licensee shall promptly notify the IPLC in writing of any claim, suit or other action

against the Licensee arising from and relating to the Licensee’s use of IRDA’s IP. The

Licensee shall cooperate with IRDA in the defence of any such claim or suit;

12.13. The Licensee expressly agrees and acknowledges that IRDA reserves all other rights not

expressly granted by IRDA to the Licensee.

13. Transitional Period

13.1. Any person who at the coming into operation of the Act is using any of IRDA’s IP, shall

within a period of Three (3) months from the date of coming into operation of the

Licensing Guidelines obtain the written consent from IPLC by submitting an application

for the grant of licence in accordance with the procedures as listed in the Licensing

Guidelines.

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13.2. Such person shall submit, together with the application form and the supporting

documents, evidence and information of use of IRDA’s IP prior to the coming into force

of the Licensing Guidelines.

14. Miscellaneous

14.1. The IPC may review and amend the Licensing Guidelines from time to time without

giving any prior notification. Any revision or amendments will be published on IRDA’s

website.

14.2. Applicants, Licensees and interested parties must regularly visit IRDA’s website or

contact IRDA to enquire about the latest Licensing Guidelines. IRDA holds no

responsibility for any types of losses incurred due to any change in the Licensing

Guidelines.

For further information contact:

Intellectual Property Committee

Iskandar Regional Development Authority

#G-01, Block 8

Danga Bay, Jalan Skudai

80200 Johor Bahru,

Johor Darul Takzim.

Malaysia.

Tel: +607-233 3000

Fax: +607-233 3001

Email: [[email protected]]

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Schedule A

Licensable Trade Marks of IRDA

No. Trade Mark

TM 1

TM 2

TM 3

TM 4

Schedule B

Licence Fees

Part 1 – Licence Fees for Licensable Trade Marks

Organisation Type

Business Type Licence Fees Applicable Usage Duration Remark

Profit Organisation (include Government Linked Companies (“GLC”))

Property Based on previous year’s revenue (audited accounts): 1. RM5k for revenue <RM1mil 2. RM15k for revenue

>=RM1mil to RM9 mil 3. RM50k for revenue

>=RM10mil (0.5%) For merchandises - charges will be based on 0.5% of the sales revenue in addition to the above payable fee.

1. Advertising and promotional materials

2. Signage 3. Non-commercial

publications related to the organisation applying only

4. Merchandises

12 months (yearly renewable)

1. Application to include approval by Ministry of Urban

Wellbeing, Housing and

Local Government as evidence on the GDV/GDC amount declared.

2. Based on each project and separate application for each project.

Service, manufacturing and other sectors

Based on previous year’s revenue (audited accounts): 1. RM5k for revenue <RM1mil 2. RM15k for revenue

>=RM1mil to RM9 mil 3. RM50k for revenue

>=RM10mil (0.5%)



publications related to the

12 months (yearly renewable)

Organisation Type


For merchandises - charges will be based on 0.5% of the sales revenue in addition to the above payable fee.

organisation applying only

4. Merchandises

Profit Organisation (include Government Linked Companies (“GLC”))

Catalytic investment (decided by Investment Committee)

1. Exempted for the first 3 years with extension option

2. After 3 years: similar charges as per service, manufacturing and other sectors

For merchandises - charges will be based on 0.5% of the sales revenue in addition to the above payable fee.




4. Merchandises

After 3 years is on yearly renewable basis

Maximum allowable extension is up to 2 years

IRDA's Special Purpose Vehicle (SPV)

1. Discretionary by IRDA For merchandises - charges will be based on 0.5% of the sales revenue in addition to the above payable fee, if any.




4. Merchandises

As per contract/ agreement duration

1. Charges, if any, shall be recommended by Business Development team (CDF) or Project Owner.

Organisation Type


Non-Profit Organisation (include Non-Governmental Organisation)

N/A 1. Flat rate of RM500 to RM1,000 per application (to be decided by Strategic Communications Department of IRDA)




Discretionary by IRDA (yearly or one-off)

Government Agencies (exclude GLC)

N/A 1. Free




Discretionary by IRDA

Other – Publications/ Broadcast

N/A 1. For commercial publications or broadcast, options to charge based on profit-sharing or an in-kind payment can be considered (to be decided by IPLC)

1. Only on the specific publication or broadcast event that has been approved

As per contract/ agreement duration