AGENSI INOVASI MALAYSIA ACT 2010

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 718 AGENSI INOVASI MALAYSIA ACT 2010 As at 1 December 2016 2 AGENSI INOVASI MALAYSIA ACT 2010 ... … … … … … 29 December 2010 Date of publication in the ... Gazette … … … … … 30 December 2010 Date of Royal Assent 3 LAWS OF MALAYSIA Act 718 AGENSI INOVASI MALAYSIA ACT 2010 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application 3. Interpretation PART II AGENSI INOVASI MALAYSIA 4. Agensi Inovasi Malaysia 5. Functions of the Agency 6. Powers of the Agency 7. Governance Council 8. Alternate members 9. Allowance 1 0 . Vacation of office 1 1 . Meetings 1 2 . Procedure at meetings 1 3 . Minutes 1 4 . Council may invite others to meetings 1 5 . Resolutions without meetings 4 Laws of Malaysia ACT 718 Section 1 6 . Council may establish committees 1 7 . Vacation of office of member of committee 1 8 . Disclosure of interest PART III CHIEF EXECUTIVE OFFICER, OFFICERS AND EMPLOYEES OF THE AGENCY 1 9 . Chief Executive Officer 2 0 . Employment of officers and employees 2 1 . Conduct and discipline of officers and employees PART IV FINANCE 2 2 . Operational Fund 2 3 . Innovation Fund 2 4 . Conservation of Operational Fund and Innovation Fund 2 5 . Expenditure and preparation of estimate 2 6 . Financial year 2 7 . Accounts and reports PART V PROVISIONS RELATING TO INTELLECTUAL PROPERTY 2 8 . National intellectual property central depository 2 9 . Acquisition of intellectual property 3 0 . Right to promote, develop and commercialize intellectual property Agensi Inovasi Malaysia PART VI OTHER POWERS OF THE AGENCY Section 3 1 . Power to appoint Innovation Ambassador 3 2 . Power to employ agents, etc. 3 3 . Power to establish companies, etc. 3 4 . Power to invest 3 5 . Power to borrow 3 6 . Power to delegate functions and powers 3 7 . Power to endorse innovative products or services PART VII MISCELLANEOUS 3 8 . Obligation of secrecy 3 9 . Public Authorities Protection Act 1948 4 0 . Public servant 4 1 . Power to make regulations 4 2 . Offence for providing false or misleading information 4 3 . Offence for unauthorized modification of the information or documents 4 4 . Validity of acts and proceedings 4 5 . Acts done in anticipation of the enactment of this Act 4 6 . Vesting of rights, interests, obligations and liabilities upon expiry of Act 5 7 LAWS OF MALAYSIA Act 718 AGENSI INOVASI MALAYSIA ACT 2010 An Act to incorporate the Agensi Inovasi Malaysia, to stimulate and develop the innovation eco-system in Malaysia towards achieving Vision 2020, and to provide for matters connected and incidental thereto. [15 April 2011, P.U. (B) 175/2011] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Agensi Inovasi Malaysia Act 2010. (2) This Act comes into operation on a date to be appointed by the Prime Minister by notification in the Gazette. Application 2. (1) This Act shall apply for a period until 31 December 2020. (2) Notwithstanding subsection (1), the Prime Minister may, by order published in the Gazette, extend the application of the Act. 8 Laws of Malaysia ACT 718 (3) An order made under subsection (2) shall be laid before both Houses of Parliament. Interpretation 3. In this Act, unless the context otherwise requires— “Agency” means the Agensi Inovasi Malaysia established under section 4; “Innovation Ambassador” means the Innovation Ambassador appointed under section 31; “intellectual property” include copyright, patent, trademark, integrated circuit layout design, geographical indication and industrial design whether registered or otherwise and manifested or stored in any form whatsoever; “innovation” means any idea or knowledge in whatever form which brings about changes in the form of product, service or process resulting in positive impact to the economy, business, public service delivery system, social well-being or the environment; “committee” means the committee established by the Governance Council under section 16; “Chief Executive Officer” means the Chief Executive Officer appointed under section 19; “national intellectual property central depository” means the depository established under section 28; “Council” means the Governance Council established under section 7. Agensi Inovasi Malaysia 9 PART II AGENSI INOVASI MALAYSIA Agensi Inovasi Malaysia 4. (1) A body corporate by the name of “Agensi Inovasi Malaysia” is established. (2) The Agency shall have perpetual succession and a common seal. (3) The Agency may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Agency may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Agency. Functions of the Agency 5. The functions of the Agency are as follows: (a) to formulate national policies, strategies and directions relating to innovation; (b) to organize, co-operate in and coordinate the performance of activities with the public and private sector to stimulate innovation in Malaysia; 10 Laws of Malaysia ACT 718 (c) to conduct inquiries, survey and analysis of data, research and development relating to innovation and the national innovation eco-system; (d) to promote and facilitate investment activities and initiatives by the public and private sector in relation to innovation; (e) to further promote the culture of innovation in the public, private and education sectors in Malaysia; (f) to advise the Government in matters relating to innovation; (g) to make recommendations relating to the innovation component of existing or future strategic national projects; (h) to carry out any other functions as it deems fit to enable it to perform its functions effectively or which is incidental to the performance of its functions. Powers of the Agency 6. (1) The Agency shall have the power to do all things expedient or reasonably necessary for or incidental to the performance of its functions. (2) Without prejudice to the generality of subsection (1), the powers of the Agency shall include the power— (a) to carry on all activities, particularly activities which are commercial in nature, which appear to it to be requisite, advantageous or convenient for or in connection with the performance of its functions; Agensi Inovasi Malaysia 11 (b) subject to any written law, to call for information on matters relating to innovation in furtherance of the performance of its functions; and (c) subject to subsection (3), to impose fees or charges for any service rendered in the exercise of its powers and the performance of its functions. (3) Any fees or charges to be imposed shall be prescribed in the regulations made under section 41. Governance Council 7. (1) The Agency shall be administered by a council to be known as the “Governance Council”. (2) The Council shall consist of the following members: (a) the Prime Minister as the Chairman; (b) the Minister charged with the responsibility for science, technology and innovation; (c) the Minister charged with the responsibility for domestic trade, cooperatives and consumerism; (d) the Minister charged with the responsibility for higher education; (e) the Minister charged with the responsibility for finance; (f) the Minister in the Prime Minister’s Department charged with the responsibility for the Economic Planning Unit; (g) the Chief Executive Officer; and 12 Laws of Malaysia (h) ACT 718 ten other members who, in the opinion of the Prime Minister, possess the relevant qualifications, special knowledge or experience in the subject of innovation, science, technology, business, economics or government policies. (3) A member referred to in paragraph (2)(h) shall be appointed by the Prime Minister and shall, unless he sooner resigns, vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years. (4) A member referred to in paragraph (2)(h) shall be eligible for reappointment but no member shall hold office for more than three terms consecutively. Alternate members 8. (1) The Prime Minister may, in respect of each member appointed under paragraph 7(2)(b) to (f), appoint an alternate member to attend, in place of that member, meetings of the Council when the member is for any reason unable to attend. (2) When attending meetings of the Council, an alternate member shall, for all purposes, be deemed to be a member of the Council. (3) An alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate ceases to be a member of the Council. Allowance 9. (1) The members of the Council shall not be paid any fixed monthly remuneration. (2) Notwithstanding subsection (1), the members of the Council shall be paid such allowances as the Prime Minister may determine in Agensi Inovasi Malaysia 13 relation to attending to meetings of the Council and matters related to the Council. Vacation of office 10. (1) The office of a member of the Council appointed under paragraph 7(2)(h) shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from three consecutive meetings of the Council without leave of the Chairman; (f) his resignation is accepted by the Prime Minister; or (g) his appointment is revoked by the Prime Minister. (2) Where a member of the Council appointed under paragraph 7(2)(h) ceases to be a member of the Council, the Prime Minister may 14 Laws of Malaysia ACT 718 appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed. Meetings 11. (1) The Council shall convene its meetings at least once in every three months and the meeting shall be held at the time and place specified in a written notice by the Chairman. (2) The Chairman may authorize the use of live video, television links or other appropriate communication or multimedia facilities for the purposes of any meeting of the Council. Procedure at meetings 12. (1) The Chairman shall preside at all meetings of the Council. (2) If the Chairman is absent from any meeting of the Council, he may appoint any member of the Council to replace him as the chairman of the meeting. (3) The quorum of the Council shall be five. (4) Every member except the Chief Executive Officer shall be entitled to one vote. (5) Where there is an equality of votes, the Chairman or the member replacing the Chairman referred to in subsection (2) shall have the casting vote. (6) The Council may regulate its own procedure. Minutes 13. (1) The Council shall cause the minutes of all its meetings to be maintained and kept in proper form. Agensi Inovasi Malaysia 15 (2) Any minutes made of a meeting of the Council shall, if duly signed by the Chairman, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of the Council in respect of which minutes of the proceedings have been made in accordance with subsections(1) and (2) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act. Council may in