Category FAQs Search : Intellectual Property
Question: Malaysian Intellectual Property - CONFIDENTIAL INFORMATION
Answer: It is a central tenet of Malaysian law that there can be no property in pure information. A person cannot own information, in the same way that he or she can own the copyright in a work, or the patent rights in an invention. The unauthorized disclosure of confidential information may however give rise to civil liability on the part of the disclosing party, on the basis that where a person has promised not to divulge a secret, he or she ought to be held to his or her word. The protection of confidential information in Malaysia is therefore founded upon the relationship between a confider and his confidant.
Malaysian law in this area is based on English law. In line with the developments in English law, a breach of confidence is generally actionable in the Malaysian Courts if the following three conditions are fulfilled.
(Source: MIPA - Malaysian Intellectual Property Association , 09 Sep 2021)
Source Link: https://www.mipa.org.my/pages.php?id=14