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A project co-funded by the European Union.

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A project co-funded by the European Union.

Business Opportunities & IPR for

ICT, Smart City Technology and

Internet of Things in Malaysia

South-East Asia IPR SME Helpdesk

Dr. Chris Hemingway

EU-Malaysia Chamber of Commerce & Industry

Mr. Jesse Chooi

27 February 2018

Welcome to the Webinar!

Mitchel SmoldersProject Officer


27 February 2018Copyright © 2017 South-East Asia IPR SME Helpdesk &

The Europe-Malaysia Chamber of Commerce and IndustryAll rights reserved.

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Welcome to the Webinar!

Rita MooreEvent and Business Support Manager

Project: SEBSEAM-M

Support for European Business in South East Asia Markets – Malaysia

Lead applicant: EUMCCI

EU-Malaysia Chamber of Commerce and Industry

EUMCCI in Brief

ADVOCACYNETWORKING EVENT PLATFORM

11 Committees1600 Companies +20 Events

Know Your Market Foster Partnerships Enter Malaysia

Strong network across

Malaysia, ASEAN, and Europe

as the EU Chamber of

Chambers.

Business Opportunities

through events all year

round.

Strong voice to government

through industry

committees.

IoT Trade Mission to Malaysia

Dates: 23rd - 26th April 2018

• Sunday, 22nd of April – Arrival

•Monday and Tuesday, 23rd and 24th of April - IoT

Business Platform Asia & B2B Meetings

•Wednesday, 25th of April - Map the IoT market

• Thursday, 26th of April - Meet the Industry Stakeholders,

B2B Meetings and Departure

MAP THE IOT MARKET

• Learn and understand the IoT market in Malaysia• Participate in Info-Sessions• Site Visits

KICK-OFF BUSINESS WITH POTENTIAL PARTNERS

• Networking Opportunities• Business Linkages Activities• B2B Matching Sessions

HIGHLIGHTS:

OVERVIEW:

Contact: Rita Moore [email protected]

mailto:[email protected]

Speaker’s bio

Name: Mr. Jesse Chooi Firm: Malaysia Digital Economy Corporation (MDEC)Location: Kuala Lumpur, MalaysiaEmail: [email protected]

Jesse Chooi Tze Kheong is an experienced professional in the ICTindustry with a career spanning over 20 years in the areas of marketresearch, industry analysis, technology funding and businessdevelopment. He is currently the head of Research and Advisory,Investment and Industry Development. In this role, he works closelywith the Business Development teams to target and close newinvestments for Malaysia’s Digital Economy. Prior to this, he headedIoT Strategy and Business Development at MDEC, where hedeveloped the strategy and tactical execution for IoT IndustryDevelopment and Adoption. Prior to MDEC, he was attached withIBM, IDC and Nielsen.

Jesse holds an MBA from University of Dubuque, Iowa, USA and aDiploma in Marketing from the Chartered Institute of Marketing, UK.

Jesse ChooiHead, Research and AdvisoryInvestment & Industry Development (IID)

27 February 2018

EUMCCI WEBINAR:ICT-SMART TECHNOLOGY

SECTOR

Contents

03

Overview of

Malaysian ICT

Industry

04

Malaysia ICT

Spending By

Segments

05

Key Demand Drivers

08

Key Challenges

09

Case Studies

10

State of Digital

Transformation in

Malaysia

102.5203.3

35.2 60.9 26.9

455.1429.5

96.4

712.1

100.1

2…

5500

6700

2900

4300

E-commerce revenue to drive digital economy E-commerce contribution to GDP increased from 4.4% in

2013 to 4.8% in 2016

Initiatives such as DFTZ and cyber sale events will

further boost the e-commerce activities in the country

Contribution of ICT towards Malaysia’s GDP The contribution has increased from 16.4% in 2013 to

18.2% in 2016, worth $54.1 bn

In 2016, ICT services makes up 40.0% of the total ICT

share, followed by manufacturing (36.1% ) and ICT trade

(13.8%)

Revenue forecast by technologies, Malaysia,

2015-2020 ($ mn)Malaysian ICT industry is expected to enjoy stable growth

Malaysian Government targets the digital economy to

contribute approximately 20% of the GDP by 202020% of GDP

Increased spending National IoT Strategic Roadmap is one of the factors

that drove the 63.5% growth in IoT revenue from 2015

to 2020

Cloud computing services, big data analytics, managed

security services and data centre services are expected

to achieve double-digit CAGR during the same period

Source: MOSTI, DOSM, Industry Report, Frost & SullivanSource: DOSM, Industry Report, Frost & Sullivan

Malaysia ICT Spending by Segment

ICT spending in Malaysia is expected to grow with a CAGR

of 3.0% across various segments between 2015-2020

ICT applications and infrastructure segments will see a

CAGR of 10.7% and 6.8% respectively

Business services will grow 6.0% and become the top ICT

spender in Malaysia as enterprises increasingly harness

technology usage to improve business costs, agility,

flexibility and scalability

The high growth rate forecasted in the applications,

infrastructure and business services segments are largely

due to government initiatives and the increased demand

for ICT applications in these segments

Source: Industry Reports, Frost & Sullivan

27.1%

22.7%

17.4%

9.6%

6.3%

5.6%4.2%

4.0%3.0%

Business Services

Source: Industry Reports, Frost & Sullivan

2015

2020

Total Spending

2015: $10.1 bn

2020: $11.7 bn

End-User ICT Spending by Segments, Malaysia,2015 & 2020, (%)

23.3%

26.4%17.6%

10.4%

5.2%3.9%

5.1%5.1%

3.0%

Key Demand Drivers - Industry 4.0

The Government has taken various initiatives to

encourage Malaysian companies to embrace

Industry 4.0

This task has been taken up by various

government agencies and government owned

or government-linked organisations

These agencies and organisations assist in

overcoming the challenges of accelerating

Industry 4.0, as manufacturing remains a major

segment of the local economy and significant

contributor to GDP

Grants worth $62.3 mn have been allocated for

Smart Manufacturing services, aimed at

supporting investment and business activities

The government will also extend incentives for

Fast Capital Allowance by 200% on automation

appliances for assessment year of 2018 until

2020 in the manufacturing and services sector

World Economic Forum’s Future of production capability, Drivers of production ranking

Country Rank

United States 1

Singapore 2

Switzerland 3

Malaysia 22

China 25

Thailand 35

India 44

Indonesia 59

Source: MITI, Pikom, WeForum, Frost & SullivanNote: 1 USD = 3.9348 MYR

Top technology in Industry 4.0(Fastest growing revenue)

Top industries by IoT adoption

Manufacturing 40%

IoT Healthcare 30%

BDA Retail 8%

Cloud Security 7%

Industry 4.0 & IoT in Malaysia

Embracing Industry 4.0

Source: MITI, Pikom, WeForum,

Key demand drivers - Digital Economy

Digital inclusivity and generating income for people

$25.4 mn has been allocated for the eRezeki and eUsahawan

programmes to ensure the Digital Economy continues to be inclusive

for the well-being of the people

Currently in its third year of implementation, the programmes would

complete training of 341,745 participants, with an estimated total

income and revenue of $138.3 mn

Digital Free Trade Zone

KLIA Aeropolis is a massive game changer which will see Malaysia’s

SMEs doubling exports, and establish Malaysia as a regional trans-

shipment hub for e-commerce logistics and create 60,000 jobs by 2025

Kuala Lumpur Internet City (KLIC) will be the largest digital hub for

global tech-based industries, comprising key players in the tech

ecosystem facilitating end-to-end support, networking and knowledge-

sharing to drive innovation in the internet economy and the e-

commerce industry

Future Education

Talent Development

$63.5 mn has been allocated for the Future education through National Transformation 2050 (TN50)

Develop Science, Technology, Engineering and Mathematics

(STEM) centres and improve Computer Science modules,

including for Coding programmes

2000 Smart Classrooms

Training of skills such as coding, app development, robotics,

embedded programming and creative technology

Premier Digital TechUniversities & Polytechnics

Partnership between MDEC and Ministry of Higher Education

Several Institutions of Higher Learning were recognised for

their offering top-notch digital technology courses and

ensuring highly-skilled graduates continue to flourish and

fill future digital job demands

Partnerships with key industry players, including IBM,

Fusionex, F-Secure, Inspidea, Streamline Studios, Grab, and

industry associations such as PIKOM

8 Universities 5 Polytechnics

Source: MDEC, Frost & SullivanNote: 1 USD = 3.9348 MYR

Key demand drivers - Public Sector ICT Strategic Plan 2016 - 2020

Integrated digital services Provide quality end to end digital services

Inclusive and citizen centric digital services

Data driven Government Manage and realise the value of data in a

holistic and efficient manner

Strengthen cross agency data sharing

Optimise shared services and strengthen cyber security Increase sharing of ICT resources through a

centralised and structured initiative

Ensure secure and trusted digital services

Collaborative and dynamic ICT governance Strengthen leadership and governance for

planning and coordination of digital initiatives

Strengthen ICT management and organisation

functionality to be more dynamic and efficient

Professional and capable work force Strengthen capabilities of Public Sector ICT

personnel

5 30Strategic

thrusts

12Strategies

Programmes

People

Competency and expertise of ICT Personnel

Efficiency in management of ICT Personnel

Process

Efficient and effective ICT Project

Performance measurement and evaluation

Efficient and effective ICT Governance

Technology

One stop access to government services

Multiple digital channels

Use of technology to optimise citizens

engagement

Sharing of resources

Leverage on data sharing

Delivering innovative public sector

services without incurring high capital

expenditure

Source: MAMPU, Frost & Sullivan

Cloud-First Strategy

Faster delivery of public sector

services

Public Sector ICT Strategic Plan 2016-2020

Supports the achievement of Vision

2020

Aligns the use of technology with the

business direction of the Public Sector

Aligns the ICT implementation with ICT

agenda of the Public Sector

Ensures return of investment through

exploitation of technology and a

structured and well planned ICT

implementation

Focuses on productivity and innovation

5 Strategic Thrusts

Public Sector ICT Opportunities

Accessible through web-based tools and

applications

Key Challenges

Skilled workers shortage

The emergence of disruptive technologies has led to the rise of ICT adoption across

industries

However, the talent gap has widen as roles change to evolve around the new

technologies. Not only are skilled technical workers in short supply, current workers

need to be upskilled to work with new technologies in place

The government is working towards aligning technology oriented skillset

development with industry demands through various initiatives such as TN50

Refusal of adoption

Lack of expertise

− Local SMEs often lag behind in adoption technology in their operations due to

lack of expertise in the technology

Cost of investments

− High initial investment for new technologies is driving cost-conscious

companies away from ICT adoption

Affordable labour cost

− Companies are less motivated to adopt disruptive technologies such as

automation due to the abundance of low-cost labour in the market

25%

10th

12.9%

Malware has affected four out of every 10

Malaysian internet user in 2015

Malaysia ranks 10th in global botnet

incidences in 2017, with Asia-Pacific as a

whole accounting for more than 50% of

such incidences globally

12.9% of computers running on Microsoft

real-time security products in Malaysia

reported malware encounter in Q1 of 2017

Cybersecurity Threats in Malaysia

31%

2,100

Only 31% of the organisations in Malaysia

required all their staffs to take part in IT

security awareness training

More than 2,100 servers in Malaysia have

been compromised and their access were

sold to hackers on an underground

cybercrime shopping website, 10th most

demanded in the world

Source: Pikom, Frost & Sullivan

18

Air Liquide is investing $24 mn in its Smart Innovative Operations (SIO) centre which focuses on remote management of production

for 18 Air Liquide units, spanning eight countries across the Southeast Asia region

The centre will integrate, optimise and remotely control the operations of Air Liquide’s production units, leveraging predictive

analytics and digital technologies

In 2017, Air Liquide has also set up shared business services for financial transactions for its operations in the Southeast Asia region

Success Stories

In 2016, GE Power Services launched its first Remote Monitoring and Diagnostics (M&D) Centre in Kuala Lumpur

200 gas and steam turbines, boilers and generators in over 70 plants across 10 countries in the region will gain access to remote

M&D services that help increase plant performance through data analytics

Multiculturalism of the talent pool, diverse skill set within the power industry with engineering expertise and central location

within Asia are among the factors that drove GE power to choose Malaysia as its M&D centre location

The Centre of Excellence (CoE) for Google at Tech Mahindra’s Global Solution Centre in Cyberjaya aims to be a hub for

innovation in the region with focus on nurturing and building solutions with the best combination of products and technologies

In 2009, Tech Mahindra enlarged its Global Solution Centre (GSC) operations in Malaysia by moving more global software

development and delivery operations

The facility has 18 configurable Offshore Development Centre blocks, 1,100-seat development block and a data centre to host

1,100 servers – its largest technology development and delivery facility outside of India

NTT Communications has an established technology hub in Cyberjaya as a part of the MSC initiative

The launch of Cyberjaya 4 data centre has increases its data centre facility’s total capacity by 40%, with 140,000 square feet of

space added that enables it to offer business solutions including cloud deployments and traditional colocation

The data center campus features an integrated operations center and a “Proof of Concept and Innovation Lab,” which are

equipped with the latest converged infrastructure, aiming to accelerate the commercialization of innovative technologies

Source: Various websites, Frost & SullivanNote: 1 USD = 3.9348 MYR

January 2018

January 2018

December 2016

March 2015

State of Digital Transformation in Malaysia

The strong ICT adoption rate in real estate was driven by the high usage of internet in interacting with government organisations and information acquisition compared to other sub-sectors. Digital training is relatively weak in this sector as opposed to Financial and Insurance/Takaful sector

Information and Communication was the 2nd higher ICT adoption since the sector has always been becoming the benchmark for other sectors and actively exploring new innovations. 100% of the businesses in this sector conduct their businesses via internet and has a strong Web presence usage in business

Financial and Insurance/Takaful sector is known for its digitalisationefforts in various operations such as internet banking

The adoption in manufacturing was led by the higher adoption of ICT in delivering products online while automation and industry 4.0 initiatives would further improve the adoption rate in the future

The 5th highest ICT adoption sector is outshining most of the other sectors in owning ICT assets as professional, scientific and technical sector relying heavily on ICT in daily operations

As for the laggard in Malaysia, the low digitalisation in Food and Beverages sector has dragged the productivity which recorded only RM24,971 compared to average of RM82,456 in Q3 2017. The Retail and F&B Productivity Nexus was proposed to drawn up to spur a growth of at least 7.2% in labour productivity with 3 flagship programmes – retail digitalisation, organisation to organisation growth venture and top transformers

Sub-sector ICT Adoption Rate

Real estate

Information and Communication

Financial and Insurance/Takaful

Manufacturing

Professional, Scientific and Technical

51%

44.4%

43.7%

38.7%

Malaysia’s ICT adoption’s trend is led by Real Estate sub-sector

35.9%

Source: DOSM, Frost & Sullivan AnalysisSource: DOSM, Frost & Sullivan Analysis

Speaker’s bio

Name: Dr Chris Hemingway Firm: Marks & ClerkLocation: Kuala Lumpur, MalaysiaEmail: [email protected]

Chris is a director of the Malaysia office of the Marks & Clerk group, the largest international firm ofpatent and trade mark attorneys in the world. He specialises in the drafting and prosecution ofpatent applications.

Chris holds a PhD in Microbiology from the University of Warwick and is a Registered MalaysianPatent, Trade Mark and Design agent in addition to being a Chartered UK patent attorney and aEuropean patent attorney. Chris is a member of the Executive Committees of the MalaysianIntellectual Property Association (MIPA) and The International Association for the Protection ofIntellectual Property (AIPPI), has represented Malaysia on the Patent and Design Committees forthe Asian Patent Attorneys Association (APAA), is a member of the International Federation ofIntellectual Property Attorneys (FICPI) and the British-Malaysian Chamber of Commerce (BMCC),and has been named as an IP Star in the annual World IP Survey conducted by ManagingIntellectual Property since it started in 2014.

Chris joined the Helpdesk network in August 2013.




Main types of Intellectual Property



• Patents protect inventions and new innovations

• Trade marks protect brands

• Industrial designs protect the appearance of articles

• Copyright protects the expression of an idea • e.g. literary, artistic, musical and dramatic works

• Common law• e.g. protects a person’s goods from being ‘passed off’ as another’s

• Contract law• Know-how and trade secrets

• Confidentiality & non-disclosure agreements (NDAs)

• Competition law• Anti-trust – protects against abuse of dominant position

PR

IMA

RY

SEC

ON

DA

RY

Co-existence of IP rights



Patent for sliding

mechanism

Trade mark for

Samsung brand

Registered design

for overall shape

of handphone

Copyright for text in manual

Malaysian Legal System



• Common law, based on UK (with Australian influence). Constitution also provides for Syariah (Islamic) law

• General compliance with most IP treaties• some inconsistencies e.g. Trade mark and design right terms operate from priority date (if claimed)

• Fused legal profession, like US, but IP agents separate, like UK.

• Ministry of Domestic Trade enforcement officers empowered to raid premises and seize goods which infringe trade marks or copyright

• IP cases heard in dedicated High Court, typically within 12-18 months

• Appeal stages to Court of Appeal (three judges) and, with leave, to apex Federal Court (five judges)

• Adversarial system, no jury trials

Administration of Malaysian IP



• IP matters administered by Intellectual Property Corporation of Malaysia (MyIPO).• Internal patent examination - examiners typically have technical background.

• Member of PCT since 2006

• Expected to join Madrid Protocol soon

• General compliance with CPTPP (successor to TPPA)

• Unusually strong Utility Model type protection (known as ‘Utility Innovation’)

• Voluntary Registration of Copyright

• Annual Filing Statistics (approximate)• 8,000 patent applications (in top 25 of world)

• 40,000 trademarks

• 1,800 Registered Designs

IP Registration: Patents



• Protects invention – solution to a specific problem in the field of technology

• Applications usually in English

• Patentability exclusions similar to UK• e.g. Business methods, medical methods, but not software

• Published after 18 months, then examined• In-house local examiner, often refer to examination reports in other jurisdictions

• Only 2 months to reply (can extend for extra fees)

• Several acceleration options (PPH [JPO/EPO], ASPEC, Expedited)

• Modified examination = alternative to Substantive examination• Application granted on basis of granted patent in other jurisdiction, namely AU/EP/GB/JP/KR/US

• Inter-convertable with ‘Utility Innovation’ application• unusually strong as fully examined, novelty only, 20 year term

• Term = up to 20 years from filing date (if filed on/after 1st August 2001)• if filed before 1st August 2001, the maximum term is the longer of (a) 20 years from filing date; or (b)

15 years from grant date

• renewal fees paid on anniversary of grant date not filing date

IP Registration: Trade Marks



• A mark (word, logo, graphic) capable of distinguishing goods/services of one proprietor from those of another

• Non-traditional marks not yet allowed

• Examined on absolute grounds and relative grounds• Examiners appear to be quite pedantic at present, often raise objections

• Published for opposition• registered if no objections after 2 months

• Application may be deemed ‘abandoned’ if procedure not completed within 12 months

IP Registration: Industrial Designs



• Protection relates to shape, configuration, pattern or ornament applied to an article by any industrial process

• Require worldwide novelty for applications filed on or after 1st July 2013

• Examined on formalities only (unless clearly lacks novelty)• Examiners appear to be quite pedantic at present, often raise objections

• Relatively high official fees, dependent on number of views to be published

• Usually registered within 6-9 months

• Protection can be quite limited and specific

Poll I

• IP lessons learned - What can be patented?

1) A confidential contract between McDonalds and their supplier

2) Huawei’s new modem which significantly increases internet connection speed

3) The external appearance of the new iPhone

4) Ed Sheeran’s latest hit song

5) The new Microsoft Windows logo



IOT Case Study



• A,B,C = Broadcast data receivers (satellite TV decoders) connected to internet

• Electronic Program Guide (EPG) includes ‘recommender’ function

• Receive (and transmit) program recommendations from friends or third parties with similar viewing habits

A B

C

US7571452B2 – filed 13 Nov 2001; granted 4 Aug 2009 – claim 1:

1. A method for recommending one or more available items to a user, comprising the steps of:

generating a user recommendation score for at least one of said available items that reflects a history of selecting said one or more items by said user;

receiving a selection of at least one third party recommender from said user;

selecting from said at least one selected third party recommender at least one third party recommendation for said at least one of said available items that reflects a history of selecting said one or more items by said at least one selected third party recommender;

generating a third party recommendation score for said at least one of said available items based on said selected third party recommendation; and

Using a computer or other calculating device to calculate an adjusted recommendation score for said at least one of said available items for said user, wherein said user recommendation score is adjusted based on said third party recommendation score.

IOT Case Study



When to apply for IP?



• Patent / Design – critical to apply before invention is made public • conference, publication, sales, etc

• Anything public before application date may be considered against registrability of application

• Exception – patents in Malaysia allow 12-month grace period to self-disclosure

• Trade Mark – can apply later, but consider clearance searches before brand is built up• ‘If it’s worth stealing it’s worth protecting’

• Copyright – n/a (automatic)

• Consider Non-disclosure agreements where appropriate

• Sometimes trade secret may be better?

• Seek professional advice early!

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