Intellectual Property Corporation of Malaysia Act 2002 · Updated to 1 Oct 2020 · Part II · The Corporation
4. Vesting provisions
Feedback & supportSubject to this Act, the Minister may, from time to time, by order published in the Gazette, appoint a vesting date and on such date all properties of the Government of Malaysia and all the rights or liabilities of the Government of Malaysia, the
Registrar or the Controller specified by the Minister in such order shall, by virtue of this Act, be transferred to and vested in the
Registrar
“Registrar” means the Registrar of Trade Marks, the Registrar of Patents, the Registrar of Industrial Designs and the Registrar of Geographical Indications under the relevant Intellectual Property Legislation;
Corporation without any conveyance, assignment or transfer.
Corporation
“Corporation” means the Intellectual Property Corporation of Malaysia established under section 3;
Every property vested by virtue of subsection (1) in the
vested
“vested”, in relation to property, includes having rights to property which are future or contingent and rights in reversion or remainder.
Corporation shall be so vested in the Corporation for the like title, estate or interest and on the like tenure as the property was vested or held immediately before the vesting date.
vesting date
“vesting date” means the date on which properties, rights and liabilities specified by the Minister in the order under subsection 4(1) to which the Government of Malaysia, the Registrar or Controller under the relevant Intellectual Property Legislations, was entitled or subject to, are transferred to and vested in the Corporation;
Every chose-in-action vested by virtue of subsection (1) in the Corporation may, on and after the vesting date, be sued on, recovered or enforced by the Corporation in its own name and it shall not be necessary for the Corporation, the Government of
Malaysia, the Registrar or the Controller to give notice to the person bound by the chose-in-action of the vesting effected under subsection (1).
Controller
“Controller” means the Controller of Copyright appointed under subsection 5(1) of the Copyright Act 1987;
Every right or liability vested by virtue of subsection (1)
in the Corporation may, on and after the vesting date, be sued on, recovered or enforced by or against the Corporation in its own name and it shall not be necessary for the Corporation, the
Government of Malaysia, the Registrar or the Controller to give notice to the person whose right or liability is affected by the vesting effected under subsection (1).
Any pending legal proceedings by or against the Government of Malaysia, the Registrar or the Controller which relate to any property, right or liability transferred to and vested in the
Corporation by virtue of subsection (1) may, on and after the vesting date, be continued by or against the Corporation.
In the case of rights or liabilities arising under any loans which is vested in the Corporation on the vesting date, the
rights
“rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
Corporation may enter into such arrangements or agreements over such rights and liabilities with the Government of Malaysia or any other third party.
liabilities
“liabilities” means liabilities, debts, charges, duties and obligations of every description whether present or future, actual or contingent, and whether payable or to be observed or performed in Malaysia or elsewhere;
On and after the vesting date, any agreement relating to any property, rights and liabilities transferred to and vested in the Corporation under subsection (1) to which the Government of
Malaysia, the Registrar or the Controller was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Government of Malaysia, the Registrar or the
Controller shall have effect as if the Corporation has been a party to the agreement.
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