IP MANAGEMENT IN MALAYSIA
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IP MANAGEMENT IN MALAYSIA

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IP MANAGEMENT IN MALAYSIA IP MANAGEMENT IN MALAYSIA Presentation Transcript

  • PATEN PRAKTIS DAN PROSEDUR II UUUK 5375DISSERTATION :INTELLECTUAL PROPERTY ENFORCEMENTIN MALAYSIALECTURER :PN. NORHAYATI HASSANSTUDENT :MOHAMED AZNANSHAH BIN KHALIDGP01209
  • PASTBEFORE INDEPENDENCE- Prior 31 August 1957- Most industries and factories were owned by British Companies- Main economic activities producing rubber, tin metal and exporting sawn timber1980s- Major shift in the industrialization policy of Malaysia (National Industrial Policy 1983)- Transformation from agriculture to industrial nation- Emphasis on Heavy Industry and R&D
  • contd…- Only have a Trade Mark Act 1976- Patents and industrial designs were required to be filed, prosecuted in Britain- Rapid development, saw the emergence of importance of IPRs- Patent Act 1986, Copyright Act 1987, Industrial Design Act 1996, Geographical Indications Act 2000, Layout-Designs Of Integrated Circuits Act 2000
  • PRESENTSEVERAL METHODS OF ENFORCING IPRs IN M’SIA: 1. Civil Action 2. Criminal Action 3. Administrative ActionCIVIL ACTIONMain objective of the civil action:7. Injunction To restrain the infringer from continuing the infringement activities
  • contd…2. Delivery Up Surrender all infringement products in his possession, custody or control for the purpose of destruction3. Damages Compensate the plaintif for the loses as a consequences of the infringement made by the defendant
  • contd…4. Account of Profits Deprive defendant profits improperly made and transfer it the plaintif5. Public Apology Seek a public apology for the act of infringement
  • HIERARCHY OF COURTS AND JURISDICTION Final Appellate FEDERAL COURT Court COURT OF APPEAL HIGH COURT / IP COURT Original Jurisdiction
  • Other forms for IPR disputes can be heard1. Arbitration Process in which the disputing parties present their case to a panel of arbitrators ) who examine all the evidence and then make a decision for the parties2. Copyright Tribunal Power to hear limited; disputes on payment of royalty and translation right
  • CRIMINAL ACTION- FOC- Only for infringement of copyright and trade mark (via Trade Description Act 2011)- Responsible party : ENFORCEMENT DIVISION of the MINISTRY of DOMESTIC TRADE COOPERATIVES AND CONSUMERISM- The owner of IPRS / his agent / authorized representative can initiate the criminal action
  • contd…COPYRIGHT ACT 1987- Offences under Section 41- Raid and investigation carried out by the Assistant Controller of Copyright- Non compoundable offence- Prosecution of criminal offence is carried out by Deputy Public Prosecutor (DPP)- Fine: (RM2,000 < x < RM 20,000) / infringing copy, or imprisonment < 5 yrs, or both
  • contd…TRADE DESCRIPTION ACT 2011- Offences under Section 5- Raid and investigation carried out by the Assistant Controller of Trade Description- Compoundable offence- Only registered owner of a registered trade mark under TMA 1976 can claim his rights in respect of such TM are being infringed by the course of trade
  • contd…
  • Other Legislation…OPTICAL DISK ACT 2000- Upstream control measure- Licensing of the manufacturer of optical disk- Method used: 1. SID Code 2. Exemplar Program
  • contd…TRADE DESCRIPTION (OPTICAL DISK LABEL) ORDER2011- Downstream control measure- The Order makes it a crime to supply an optical disk without a requisite label- Method used: 1. Only owner/authorized personnel can apply 2. Enable consumers to identify genuine optical disk
  • contd…BOARDER MEASURES- Compliance with TRIPs Agreement (Art 51 to 60)- Enforcement mechanism for curbing counterfeiting activities at the boarder- Related IPR legislation :  Trade Marks Act 1976  Copyright Act 1987  Trade Description Act 2011
  • HIERARCHY OF COURTS AND JURISDICTION Final Appellate FEDERAL COURT Court COURT OF APPEAL HIGH COURT SESSION COURT / IP Original Jurisdiction COURT
  • contd…COPYRIGHT ACT 1987- Fine: (RM2,000 < x < RM 20,000) / infringing copy, or imprisonment < 5 yrs, or bothTRADE DESCRIPTION ACT 2011 & TRADE DESCRIPTION(OPTICAL DISK LABEL) ORDER 2011- Fine: Body Corporate : < RM 250,000) Not Body Corporate : < RM 100,000) or imprisonment < 3 yrs, or both
  • contd…OPTICAL DISC ACT 2000- Fine: Body Corporate : < RM 500,000) Not Body Corporate : < RM 250,000) or imprisonment < 3 yrs, or both
  • ADMINISTRATIVE ACTION- MOU between the government and large shopping mall- To include a clause in tenancy agreement: “ the tenancy of the shop lot will be terminate if the shop is found guilty of dealing with counterfeit goods.”
  • FUTURE Difficulty in tracking infringement/counterfeitproductsIssues in Copyright Piracy 1. Internet based piracy 2. Mobile piracy 3. Camcorder piracyCopyright (Amendment) 2011 1. Technological Protective Measure 2. ISP procedure 3. Anti-Camcording
  • contd… Organized crime- Large scale illegal commercial organization- Government should employ Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA)
  • irfanaqil2@gmail.com.my