Sirim
Sirim
Sirim
Vol.16 No.3
ISSN : 1394-0198
KDN : PP. 10006/02/2010
(023620)
2 14
9 11
5
Contents
Theme Standardisation and Intellectual Property
Disclaimer The Standards and Quality News is an official publication of SIRIM Berhad. The newsletter is published on a quarterly basis and
is distributed to our clients, certified companies and Standards Development Committee members. Editorial material may be
freely reproduced, provided credit is given to the newsletter. Please note that except for the advertisement by the subsidiaries
and affiliate companies of SIRIM Berhad, SIRIM Berhad does not in any way either directly or indirectly endorse any
advertisements by other companies printed herein and hereby denies any liability in relation to the accuracy of the same.
Highlight STANDARDS
& QUALITY NEWS
Vol.16 No.2/2009
Standards and intellectual property (IP) are fuels to sanction industry and business circles to PUBLICATION COMMITTEE
produce and to market more novel products and services of uncompromising quality for
Chairman
consumers.
Tn. Hj. Ab. Razak Salim
Both entities are vital to industrialization processes and businesses, in fact they complement Members
each other effectively but in more subtle way than many skilled person in either art would ever Dato' Mariani Mohammad
Pn. Khalidah Mustafa
expected and realized. So much so, that it is not uncommon to hear an IP practitioner telling
En. Parama Iswara Subramaniam
his audience that IP has nothing much to do with standards and quality. He is certainly right Pn. Nur Fadhilah Muhammad
where IP rights granting requirements are concerned, but when industrialization and En. Abdul Rashid Hj. Zainal Abidin
businesses come to fore, both entities do intertwine albeit each is governed by various Tn. Hj. Mohamad Nawawi Hussin
Dr. Mohd Azman Idris
respective laws, acts and regulations, management systems, codes of practice, the dos and
Tn. Hj. Abdul Aziz Long
the donts. Tn. Hj. Azman Hassan
Pn. Zurina Mohd. Bistari
To put it simply and broadly in respect of products and technology, IP rights act as incentive Pn. Haliza Ibrahim
for people to create more novel, improved and innovative products that in turn fuel technology EDITORIAL COMMITTEE
diffusion and increase knowledge pool among populace. But what great novel products devoid Pn. Khalidah Mustafa
of quality by not adhering and certified to available standards would be to most people? Not En. Parama Iswara Subramaniam
much actually. Novel products sans quality would rapidly lose the luster as great innovations En. Abdul Rashid Hj. Zainal Abidin
and may attract consumers only by sheer reason of their uniqueness, thus the craze, if any, will Pn. Zurina Mohd. Bistari
Pn. Saleha A.Jalil
eventually short-lived.
Pn. Saadiah Enok
En. Ong Chui Koon
Interestingly enough, direct linkages between the two entities are profoundly more obvious, as Cik Patricia Limbang
readily observed in copyright issues according to the Copyrights Act as rightfully enforced in Cik Salmah Mohd. Nordin
Cik Lili Masni Ab. Jalil
standards; IP rights in Certification Marks in accordance with the Trade Marks Act and
Regulation with regards to standardization and certification exercises on products and PUBLICATION COORDINATOR
services; IP rights in patents according to the Patents Act and Regulation especially with Cik Lili Masni Ab. Jalil
regards to monetary returns from patented technical contribution to patentees whenever a Tel: 603-5544 6346
Fax: 603-5544 6334
patented invention is cited in industrial standards and; lest we forget the whole gamut of IP
E-mail: lili@sirim.my
regime itself is also ruled by certain recognized standards and harmonized practices shared
Copies of the newsletter
among countries in the world via signed treaties, protocols, conventions and agreements. are available on request from:
SIRIM Berhad
Some of highlighted issues with regard to direct linkages between standards and intellectual No.1, Persiaran Dato' Menteri
Section 2, P.O Box 7035, 40911
property are briefly discussed in this issue of S&Q News for readers appreciation and
Shah Alam, Selangor, Malaysia
knowledge. Tel: 03-55446000
Fax: 03-55108095
Website: http://www.sirim.my
Universities and public research institutions lack of an IP policy in Universities and PRIs, on matters relating to pertinent
(PRIs) are an integral part of a countrys all of whom are recipients of government provisions in the NIPCP;
National Innovation System. However, the R&D funds, is now just water under the To provide reliable recommendations
greatest challenge faced by them is the bridge. What is of concern now is the for initial IP work and its further
successful commercialisation of inventions efficient implemention of the policy. developmental progress;
and innovations. More often than not, Presently most PRIs, while trying to cope
intriguing questions that would come to with mammoth task of churning out To enhance IP awareness and
mind on the subject of commercialisation of commercially viable new findings and understanding among his peers and
inventions & innovations are ones regarding inventions, are also clamouring to equip others in his institution and;
intellectual property (IP). These include themselves with IP knowledge acquisition To seek and recommend reliable
matters that relate to the early stages of IP and to set up in-house IP departments to external IP counselors or attorneys for
development in a commercial sense and manage internal IP issues as well as to to more specialised and complicated IP
how further development of IP would be efficiently implement the policy. It is tasks such as patent drafting, IP
managed, with the knowledge that about heartening to see all these good efforts, but prosecution, litigation and licensing.
80% of the market value of modern it must be noted that ad-hoc actions and
businesses is attributed to IP. jump starts will not do any good in the long Then again, the big question is where can
run. With regard to IP management, short the PRIs get such personnel, competent in
With the recent advent of National IP and long term measures are essential. IP related matters, from? As a short term
Commercialisation Policy for R&D projects measure, the organizations should rope in
funded by the government of Malaysia Establishing a full-fledged in-house IP interested personnel and send them for
(NIPCP), all the confusion arising from the department for a PRI is an enormous task, training in a specialised short course in IP
Why So?
Under Section 7(1) of the Malaysian
Copyright Act 1987, works that are eligible
for copyrights protection are: literary works;
musical works; artistic works; films; sound
recordings and broadcasts. A hard copy of be considered as infringement to the owner in the standard is quoted. Mindful about
a typical standard could very well fall within rights. moral rights associated with the
the definition of literary work or derivative author/authors, and generally the user
work (as in the case where the standard is a Owner of a standard could be one or the should be knowledgeable enough about IP
translation of a standard from another combination of the following: standards issues in dealing with the copyrighted
language) even if it only contains technical development agencies,, author of the material.
subject matter. Under the Act, owner of a standard, or any other legal entity having
copyrighted work would have the following acquired the rights through any operation of In adopting standards developed by the
exclusive rights: reproduction in any material the law. A third party (or user) having International Organization for
forms; communication to the public; access to the standard would have limited Standardization (ISO) as national standards,
performance, showing or playing to the usage over the document because he/she STANDARDS MALAYSIA as member of ISO
public; distribution of copies to the public by does not own the document but merely acknowledges ISO as the origin of the
sale or other transfer of ownership; and acquired a license to use it in accordance to standards and exert copyright ownership
commercial rental to the public. the agreed terms and conditions. The terms over the national standards. In the case of
Undertaking any of these activities or any are fairly universal, for example, the user indigenous Halal Malaysian Standards, the
related actions related to such activities cannot make copy except for backup, and ownership belongs to STANDARDS
without prior consent from the owner would to acknowledge the source when a caption MALAYSIA. As such, a third party cannot
One may argue that as standards are usually Do know the facts about copyright 1. Malaysian Copyright Act 1987 (Act 332)
developed by government organisations and such as the nature, scope of protection 2. ISO/IEC (2007) Copyright, standards
used for the benefit of consumers, the and others. and the internet.
exclusive rights should be made available for
Do make backup of your standards 3. ISO (1997) Guidelines and Policies for
free to all. However, under Section 11 of the
especially if they are in softcopies, but the Protection of ISOs Intellectual Property.
Malaysian Copyright Act 1987, even works
refrain from distributing them if you do
of the government, government 4. ISO POCOSA (2005) ISO Policies and
not have the permission to do so.
organisations and international bodies are Procedures for Copyright, Copyright
eligible for copyright protection. There are Do believe that standards, like any Exploitation Rights and Sales of ISO
however, statutory exceptions to the other qualified works, are protected Publications ISO POCOSA 2005.
Introduction They are substantive because they concern than the patent application claiming the
the essence, the technical content of the invention. Thus, if there is an earlier prior
A patent is a document issued by the technical solution claimed to be an invention publication containing a clear description of
Government of a State for the protection of in the patent application. These three or clear instructions to do or make something
an invention. Whether an invention can be conditions of patentability are spelled out in which would infringe the patentees claim if
patented or cannot be patented depends Section 11 of the Malaysian Patents Act. carried out after the grant of the patentees
on the national law of the State. This is Hence in order for an invention to be patent, then the patentees claim has no
because the rights accorded by a patent is patentable in Malaysia, all these three novelty. The new requirement under the
territorial in nature. conditions must be fulfilled. These three Patents Act, 1983 is a worldwide requirement.
conditions of patentability are used worldwide. As such, one cannot simply apply for a
The relevant law which protects inventions
patent for an invention which has been
in Malaysia is the Patents Act, 1983 (Act Other than protecting inventions by a full disclosed elsewhere or has been patented
291). What is an invention is given in Section patent system, Malaysia has a two-tier outside Malaysia. The invention must be new
12 of the Act. According to Section 12 of system in that there is also a petty patent or both inside Malaysia and outside Malaysia in
the Act, an invention means an idea of an utility model system of protection. This order to be a patentable invention.
inventor which permits in practice the alternative system is called a utility
solution to a specific problem in the field of innovation system, which differs from a full However, Section 14(3), Patents Act, 1983
technology and an invention may be or may patent system in the sense that a lower level expressly provides that certain disclosures
relate to a product or process. An example of inventive step is required. The utility are to be disregarded and thus do not
of a product invention is a telephone and an innovation system is to enable those constitute prior art, and they are:
example of a process invention is a process inventions which would otherwise fail to
a) disclosure within one year preceding
or method for the manufacture of vitamin C qualify for a full patent to obtain some lesser
the date of the patent application and
synthetically in a factory. degree of protection.
if such disclosure was by reason or in
consequence of acts committed by the
Conditions of Patentability New
applicant or his predecessor in title;
It is generally recognised that a patent for What is new or novel is defined by
b) disclosure within one year preceding
invention should be granted only when the Section 14 of the Patents Act, 1983. An
the date of the patent application and
invention is new, involves an inventive step invention is new if it is not anticipated by
if such disclosure was by reason or in
and is industrially applicable. Where the prior art. Basically, prior art consists of
consequence of any abuse of the
invention for which a patent for invention is everything disclosed to the public throughout
rights of the applicant or his
applied for fulfils these three conditions, the the world by written publication, or, in
predecessor in title; and
invention is called patentable. The said three Malaysia, by oral disclosure, by use or in any
conditions are usually referred to as the other way, prior to the filing date of a patent c) disclosure by way of a pending patent
conditions of patentability. More precisely, application claiming the invention and application to register the patent in the
these three conditions should be called the including the contents of a domestic patent United Kingdom Patent office as at the
substantive conditions of patentability. application having an earlier priority date date of coming into force of the 1983 Act.
The Relation between management standard namely ISO 15489 standards series compliant. It is an unwise
Record Management and provides systematic guidelines in managing decision for organizations not to adopt
Quality Certification records. Studies in several countries methods practised in record management
proved that the main problem to gain or believe that quality is not related to record
In a current trend of todays market, ISO certification and comply with it, is related to management at all. Apparently, once an
9001 certification becomes a ticket or record management in quality management organization develops an integrated record
platform for organizations to sell their programme (Gunnlaughsdottir, 2002). plan with the intention to obtain the quality
products. ISO certification requires a Quality system could not work effectively certification, it shows that the organization
company or organization to have a detailed without a good quality management has adopted the same step as the record
and proper documentation in order to programme. Though the implementation of manager in administering and managing
achieve consistent outputs. The investment quality system is tedious and complex, records/documents.
for a quality system certification is rather but the idea is simple, that is to document
costly, but it is worthwhile to embark on it as what to ought be done and do what has The Needs of Record
it will give untold advantages to the been documented. The documentation Management Conventional
company or organization. But, there is an enables the purpose, intention and Component in ISO 9001
aspect (i.e. record management), that needs consistency in the actions taken to be
to be revised or looked into prior to ANSI/ISO/ASQC Q 9000 series indicates
communicated.
introducing the quality system. clearly the elements which relate to
records. Any organizations adopting
Organizations need efficient techniques,
ISO 9001:2000 puts record management record management programme or just
principles, and methods to meet the
at a high profile while the new record about to start embarking on it, is likely
purpose of ANSI/ISO/ASQC Q9000
support the industry and for the benefit Instant wheat noodles are characterised by
of consumers. The first MS on noodle the use of pregelatinisation process and
was published in 1977, i.e. MS 526:1977, dehydration either by frying or by other
Specification for instant noodles. This methods and to qualify for the concept of
was followed by MS 955:1985, instant, they should be cooked or soaked
Specification for beehoon (Rice vermicelli), in not more than four minutes in boiling
MS 1112:1988, Specification for instant water. The major modifications in this
beehoon (Rice vermicelli) and MS 526:1988, second revision of MS 526, Instant noodles
Specification for instant noodles (first - Specification include amendment and
revision). A major change in the revision of elaboration of the scope, amendment and
MS 526 is the inclusion of the test method addition of a new definition on alkaline salt
to determine acid value which was based on and further elaboration on the minimum
the Malaysian Palm Oil Board (MPOB) test requirements of the noodles. In addition,
method. the labelling and hygiene requirements have
also been revised and amended according
The latest progress in the development of to the current relevant regulations and all
MS in this field is the development of two test methods have been updated and
new MS, i.e. Wet and raw wheat noodles - amended accordingly.
Noodles are one of the staple foods for Specification and Dried wheat noodles
many Asian countries since ancient times. Specification, and the second revision of Projects which are in the pipeline are
There are many types of noodles, varying MS 526:1988, Specification for instant the first revision of MS 955:1985,
according to their regions of production, noodles. For these noodles, wheat flour is Specification for Beehoon (Rice Vermicelli)
ingredients, shapes and manner of the main ingredient. Wet noodle is and MS 1112:1988, Specification for
preparation. They can be made, among characterised by the use of partial or full instant beehoon (rice vermicelli). Beehoon
others, from wheat, rice, buckwheat, and cooking process and coated with vegetable (rice vermicelli) is characterised by the use
starches derived from potatoes, sweet oil to prevent sticking. Some examples of of pregelatinisation and drying processes
potatoes, and pulses. In general, noodles wet noodles are yellow alkaline, hokkien whereas, instant beehoon (rice vermicelli) is
are made from unleavened dough and the and udon noodles. Raw noodle is similar to characterised by the use of pregelatinisation
basic process in producing noodles are wet noodles but with the inclusion of eggs and drying processes, and it should also
dough mixing, sheet forming, reduction in and coated with starches to prevent be cooked or soaked in not more than 4
sheet forming, cutting, and cooking. In sticking. Raw noodles include wantan and minutes in boiling water.
Malaysia, noodles have been accepted too pan noodles.
as one of the staple foods, cutting across As flour is the main ingredient in producing
the multiracial population in the country. There are two types of dried wheat noodles various types of noodles, these MS are
Two types of noodles which are more i.e. fried and non-fried. Fried dried noodles applicable to not only noodle
commonly consumed in Malaysia are those are claypot yee mee, braised yee mee manufacturers, but also flour manufacturers
made from wheat and rice. and fried mee suah whereas, non-fried to ensure that the latter are able to supply
dried noodles include mee siput, longevity the flour suitable to produce noodles
In line with this situation, a few Malaysian noodle, taucham mee, mee poh and meeting the requirements of these MS.
Standards (MS) have been developed to other steamed and dried noodle variations.
Speed Hump -
Specification for Materials,
Design and Installation
by Assoc. Prof. Ir. Adnan Zulkiple
Chairman of the Working Group on Speed Hump
Abstract Builders Berhad and Universiti Malaysia This standard however does not cover the
Pahang. The Working Group on Speed specification and installation of speed
Speed hump and speed bump have been Hump which developed this Malaysian bump.
used by relevant authorities and to some Standard consists of representatives from
extent private entities as means to control Kuala Lumpur City Hall, Malaysian Institute Terms and Definitions
traffic flow at roads or area under their of Transport, Universiti Teknologi MARA,
jurisdiction. However, the practice is not Speed hump
Perunding Atur Sdn Bhd, RW Consultancy
uniform in particular in term of the materials, A raised pavement area across a roadway
Sdn Bhd, SIRIM Berhad (Secretariat), the
design and installation of the speed with a rounded top of 3.70 m to 4.25 m
Institution of Engineers Malaysia, Universiti
reducing measures. Often speed bump (the width and vertical rise of 75 mm to 100 mm
Kebangsaan Malaysia and Universiti
high impact but the worst of the two which can generally slow down vehicles
Malaysia Pahang.
measures) is installed on roads when its gently to speeds of 15km/h to 30km/h as
a goal of traffic calming. Traffic volumes of both the speed hump and the new
Parabolic 75 mm - 100 mm
can be reduced through the use of route pavement surface;
Minimum length 3.70 m
modification techniques such as road g) speed humps block the flow of
Maximum length 4.25 m
closures and turn restrictions, but these drainage water on some streets and
can cause inconvenience to local can cause flooding problems;
residents and are often opposed on such
h) speed humps require signages and
grounds. Traffic calming is concerned only
markings, which some residents may
with speed reduction and does not
consider unattractive; and Circular 75 mm - 100 mm
attempt to restrict vehicular access. It Minimum length 3.70 m
can, though, help to discourage through i) poor maintenance of road markings Maximum length 4.25 m
which necessitate frequent and high cost less than 40 km/h. Where the spacing of a recommended to be installed on road
replacements, rubber products are longer series of humps is allowable, speed humps sections with grades greater than 8%.
lasting and thus more cost-efficient. can also be installed on local roads with
speed limit not exceeding 60 km/h. Prohibited road sections
Design, Installation, Speed humps are usually installed at the Speed humps are not permitted at the
975mm
1890mm
Bonggol White font
colour
Warning signage and road marking 1890mm
Di hadapan 150mm
AWAS 200mm
975mm
Speed hump must come with appropriate White font
Red
Bonggol 200mm
AWAS colour
975mm
warning signage (advance warning sign at
450mm
Di hadapan
Bonggol 150mm White font
Kurangkan Laju 150mm colour
appropriate distance before first hump in
Di hadapan Red 150mm
series and warning sign or object marker at White font
450mm
75mm diameter
Red
2100mm
hump). See Figure 5 and Figure 6; colour
Kurangkan Laju 150mm
Class A G.I pipe
450mm
Kurangkan Laju 150mm
White font 75mm diameter
2100mm
colour Class A G.I pipe
White font 75mm diameter
525mm
2100mm
Concrete 1:2:4 colour Class A G.I pipe
footing 300mm x
300mm x 525mm
525mm
Concrete 1:2:4 150mm x 150mm x
footing 300mm x 300mm
Type A Sign 300mm x 525mm 13mm M.S plate
525mm
Concrete 1:2:4 welded to post
footing 300mm x
300mm
300mm x 525mm 150mm x 150mm x
13mm M.S plate
Figure 6 (a): Speed hump signage design standard forpost
welded150mm
to type A
x 150mm x
300mm
13mm M.S plate
900mm 900mm welded to post
450mm
2100mm
2700mm
2100mm
Class A G.I pipe
2700mm
2100mm
Class A G.I pipe
so that they may be recognized and Concrete75mm
1:2:4 diameter
footing
300mm xClass
300mmA G.Ixpipe
understood immediately by all road users. Concrete 1:2:4 footing
525mm
525mm
525mm
300mm x 300mm x
The location of the markings should be
525mm
525mm
525mm
150mm Concrete
x 150mm 1:2:4
x footing
precise to avoid confusion as shown in 13mm300mm x 300mm
thick M.S plate x
525mm
525mm
150mm x 150mm
525mm
welded to post x
Type B Sign 300mm 13mm thick M.S plate 300mm Type C Sign
Figure 7. welded to150mm
post x 150mm x 300mm
300mm
13mm thick M.S plate
300mm welded to post 300mm
A typical Type A Sign depicted in Figure 6(a) Figure 6 (b): Speed hump signage design standard for type B and C
shall be positioned at 110m (measured from 60m
B 60m C
the crown) before the location of a speed B s 10m C
s 60m10m
hump. This signage shall be followed by the B C
s 10m
placement of a Type B Sign and a Type C
Sign (typically depicted in Figure 6(b)) at
600mm
distances as shown in Figure 7. 600mm
600mm
600mm
Conclusion and Futher 600mm
Works 600mm
60 9
C Sign Type C
usefulness or constructive comments on any
80 11
60m
of the items in the specification. In the near
future we hope to complete similar
specification for speed bump. Figure 7: Speed hump road markings (2-way traffic flow)
http://smsonline.sirim.my/FPublic.jsp
The challenges and the uncertainties of the actively involved in the development of ISO ISO/TMB/WG on Risk Management on the
current economic climate make risk 31000. This committee was formed in 2006 following documents:
management a top priority for boards and as the National Mirror Committee (NMC) to
senior management. Organisations of all the ISO/TMB/WG on Risk Management.
1. ISO/FDIS-31000 (Risk Management -
sizes are setting up their risk management The Malaysian Standards development
Principles and Guidelines on
programme or working on improving the system and participation in International
Implementation)
existing programme. As risk becomes Standardisation (ISO and IEC) are under
everyones concern, the need for a guideline the responsibility of the Department of 2. ISO/Draft Guide-73 (Risk Management
to assist in the implementation of an Standards Malaysia, a government agency - Vocabulary)
effective risk management programme is under the Ministry of Science, Technology
thus highly desired. and Innovation (MOSTI). Announcement on Upcoming Forum on
Risk Management Standard
There are various risk management models The primary objective of forming such a As part of ongoing activities, the NMC on
in the market for reference. Among them are committee was to look into the Risk Management in collaboration with the
the Australian/New Zealand Standard, development of Malaysian Standards in Department of Standards Malaysia and
AS/NZS 4360 Risk Management, the relation to Risk Management. The scope SIRIM Berhad, is planning to organise a
Committee of Sponsoring Organizations of the committee is standardisation of FORUM ON RISK MANAGEMENT
of the Treadway Commission (COSO) the Risk Management approach and STANDARD (ISO 31000) on 21 October
Enterprise Risk Management - Integrated the development of guidelines for the 2009 at SIRIM Berhad, Shah Alam,
Framework, the AIRMIC/ALARM/IRM Risk establishment and implementation of the Selangor Darul Ehsan.
Management Standard and the British Risk Management framework.
Standard, BS 31100 Risk Management The forum is open to both the public and
Code of Practice. The NMC is currently chaired by Associate private sectors of Malaysia. The underlying
Professor Dr Hj Mohd Rasid Hussin of rationale of organising such a forum is to
As risk management hits the boardroom Universiti Teknologi MARA (UiTM). Members disseminate relevant information pertaining
agenda and is discussed across borders, of the NMC are experts from various to ISO 31000 and elicit useful feedback
there is a need for a common terminology to organisations including representatives from all relevant stakeholders concerned in
facilitate communication on risk information. from SIRIM Berhad, Malaysian Association terms of potential adoption and/or
Thus, the International Organization for of Risk and Insurance Management (MARIM), adaptation of ISO 31000 for Malaysia. Upon
Standardization (ISO) has taken the initiative Telekom Malaysia Berhad, PETRONAS, adoption/adaptation, there will be
to develop an International Standard, Universiti Darul Iman Malaysia (UDM), standardisation among both the public and
namely ISO 31000, Risk management - Universiti Utara Malaysia (UUM), Tenaga private sectors in Malaysia on a single
Principles and guidelines, which provides Nasional Berhad (TNB), Malaysia Airport standard as the primary guideline on risk
principles and generic guidelines on risk Holdings Berhad (MAHB), CyberSecurity management.
management. ISO 31000 which is now at Malaysia, Securities Commission, the Institution
its final draft stage is expected to be of Engineers Malaysia (IEM) and Malaysian Contact:
published soon. Institute of Corporate Governance (MICG). Ms. Azlina Abd. Latif
Tel: 03-5544 6310
MALAYSIA establishes its own Technical Malaysia has contributed technical Fax: 03-5510 8830
Committee on Risk Management which is expertise and participated in the work of Email: azlina_abd.latif@sirim.my