Wait, what? Our Product Data Sheet can be protected as copyright?
- IP Gennesis
- 6 hours ago
- 5 min read
Yes. You heard it right! Your Product Data Sheet or product description sheet can be protected under copyright law in Malaysia.
Most entrepreneurs assume that Intellectual Property protection only applies to inventions, logos, or brand names. So they focus on patents and trademark registration. But they often overlook something sitting right in front of them: the written technical documents that describe their products.
A recent Malaysian court decision confirms this clearly.
In Sika AG & Ors v Nippon Paint (Malaysia) Sdn Bhd [2024] 3 CLJ 276, the High Court held that a Product Data Sheet was protected by copyright, and copying it amounted to copyright infringement.
Let us unpack what this means for business owners.
What happened in the Sika case?
The dispute involved multiple Intellectual Property issues.
Sika sued Nippon Paint for:
Alleged trademark infringement and passing off involving the mark SIKALATEX.
Copyright infringement for copying its Product Data Sheet.
Nippon Paint counterclaimed to invalidate Sika’s trademark on the basis that it was descriptive and lacked distinctiveness.
In the end, the court found that Nippon Paint did not infringe the trademark, and the trademark registration remained valid. So on the trademark front, both sides essentially walked away without success.
However, the story did not end there.
The court found that Nippon Paint’s Technical Data Sheet infringed Sika’s copyright in its Product Data Sheet.
That was the turning point.
Can a Product Data Sheet qualify as copyright under Malaysian law?
Yes. Section 7(1)(a) of the Copyright Act 1987 provides that literary works are protected by copyright.
The term “literary works” is interpreted broadly. It does not mean novels or poetry only. It includes technical writing, manuals, reports, and structured written material.
In the Sika case, the court held that Sika’s Product Data Sheet was a literary work because it involved:
Compilation of technical specifications
Explanations of product features and advantages
Usage instructions
Safety guidance
Structured formatting and arrangement
The document was not just raw data. It reflected deliberate drafting, selection, organisation, and presentation. That is enough to attract copyright protection.
What must be proven for copyright to exist?
Under Malaysian law, copyright subsists automatically once a work is created, provided it is original.
Original does not mean novel or inventive. It simply means that sufficient effort, skill, and labour were expended in producing the work.
In Sika’s case, the court accepted that employees had invested effort in drafting the Product Data Sheet in a clear, concise and user-friendly manner. The document contained comprehensive technical information arranged in a specific typographical structure.
When the judge compared both parties’ documents side by side, there were striking similarities in wording and structure.
On the balance of probabilities, the similarity was substantial. That was enough to establish copyright infringement.
Is copyright automatic in Malaysia?
Yes. Unlike a trademark, which requires formal registration under the Trade Marks Act 2019, copyright protection arises automatically once the work is created in material form.
There is no requirement to file a Copyright Application before rights exist.
However, Malaysia does allow Copyright Registration through a voluntary notification system administered by the Intellectual Property Corporation of Malaysia (MyIPO).
This voluntary notification serves as prima facie evidence of ownership.
In practical terms, if you ever need to enforce your rights in court, a certificate of notification strengthens your evidential position. It reduces arguments about who created the document and when.
For businesses with valuable technical documentation, this is often a strategic move.
Why is this dangerous for businesses?
This is where many companies get into trouble.
Engineers often reuse wording from old industry templates. Marketing teams sometimes refer to competitors’ product description sheet when drafting their own. Distributors may “borrow” descriptions to speed up product launches.
It feels harmless. After all, the product itself may be different.
But copyright protects expression, not the underlying idea.
You are free to produce the same type of cement additive or chemical compound. You are not free to copy how someone else describes it.
If your Product Data Sheet reproduces substantial parts of a competitor’s wording, structure, safety warnings, or arrangement, you may be exposed to a copyright infringement claim.
Even if there is no trademark infringement. Even if there is no patent issue.
The risk is real, especially in technical industries where documentation looks similar at first glance.
Does copyright protect the product itself?
No. Copyright protects the written expression in the Product Data Sheet. It does not protect the formula, invention, or manufacturing process.
If you want protection over the technical innovation itself, you should consider patent protection.
If you want protection over your brand name or logo, you should consider trademark registration.
This is why Intellectual Property strategy must be holistic. Each right protects something different.
Practical steps to protect your Product Data Sheet
First, never copy a competitor’s product description sheet, even if you think you are only taking “common industry wording.”
Second, maintain proper drafting records. Keep internal emails, drafts, and version histories that show how your document was created.
Third, implement version control so you can track revisions and authorship.
Fourth, include a clear copyright notice on your Product Data Sheet. While not legally mandatory, it signals ownership and discourages copying.
Fifth, train your technical and marketing teams on Intellectual Property awareness. Many infringement issues arise from ignorance, not bad faith.
Finally, consider filing a voluntary Copyright Application for high-value documents. The certificate issued can serve as prima facie proof of ownership in court proceedings.
What this means for entrepreneurs
Your Product Data Sheet is not just a technical document. It is an Intellectual Property asset. In Malaysia, copyright can protect the way you describe, structure, and present your product information. The Sika case shows that copying a product description sheet can lead to legal consequences, even if there is no trademark infringement. For entrepreneurs and inventors, this is a reminder that compliance and protection go hand in hand. Draft your documents carefully, protect them strategically, and treat your technical writing as part of your overall Intellectual Property portfolio.
Don’t Wait Until Someone Copies You
Most businesses only think about Intellectual Property after a dispute happens.
By then, it is reactive. Defensive. Expensive.
Your product description sheet is not just technical paperwork. It reflects your engineering effort, your market positioning, your competitive edge. If someone copies it tomorrow, will you be ready to enforce your rights?
While copyright exists automatically in Malaysia, a proper Copyright Registration strengthens your position with prima facie proof of ownership. It makes enforcement faster, clearer, and more strategic.
At IP Gennesis, we help businesses secure, document, and structure their Intellectual Property properly from day one.
If your Product Data Sheet is valuable enough to sell your product, it is valuable enough to protect.
Contact IP Gennesis today and let us secure your copyright before someone else tests it!
Written by,
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP
Advocate & Solicitor
Disclaimer
This overview reflects general principles of Malaysian intellectual property law and is written for educational and business reference purposes.
It does not constitute legal advice and should not be relied upon as a substitute for professional advice. Intellectual Property, trademark, and franchise matters may vary depending on the specific facts and circumstances of each case.
For advice tailored to your business or situation, you are encouraged to consult a qualified legal or Intellectual Property professional.
Comments