Malaysia Intellectual Property

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INTELLECTUAL PROPERTY - Copyright Law

Related Topics : Communications Law . Computer Law . Copyright Law . Patent Law . Trade Secrets . Trademark Law . Industrial Design

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Copyright protection in Malaysia is governed by the Copyright Act 1987 which provides comprehensive protection for copyrightable works. The Act outlines the nature of works eligible for copyright (which includes computer software), the scope of protection, and the manner in which the protection is accorded.

A unique feature of the Act is the inclusion of provisions for enforcing the Act, which include such powers to enter premises suspected of having infringing copies and to search and seize infringing copies and contrivances. A special team of officers is appointed to enforce the Act.

Malaysia is a signatory of the Berne Convention. Foreign works of non-Berne member countries are also protected if they are made in Malaysia and are published in Malaysia within thirty days of their first publication in the country of origin.

Information technology has challenged the traditional concept of copyright protection.

The Amendment Act, which amended the Copyright Act 1987, came into force on the 1st April 1999. This Act seeks to update the law on copyright.

Amongst other things, the Amendment Act makes unauthorized transmission of copyright works over the Internet an infringement of copyright.

The definition of a literary work now includes table or compilations "whether or not expressed in words, figures or symbols and whether or not in a visible form". The owner of copyright in a work including a derivative work, will have the exclusive right to control "the transmission of a work through wire or wireless means to the public, including the making available of a work to the public in such a way that members of the public may access the work from a place and at a time individually chosen by them".

It is also an infringement of copyright to circumvent any effective technological measures aimed at restricting access to works, removal or alteration of any electronic rights management information without authority, or distribution, importation for distribution or communication to the public, without authority, works or copies of works in respect of which electronic rights management information has been removed or altered without authority.".

These provisions are aimed at ensuring adequate protection of intellectual property rights for companies investing in the IT and multimedia environment.

The Copyright Act (1987) provides for the enforcement of the law by the Ministry of Domestic Trade and Consumer Affairs, specifically the Enforcement Division, apart from the Police. The Act also provides the necessary clout to the enforcement agencies to effectively carry out anti-piracy measures.

The Malaysian Copyright Act provides for a Copyright Tribunal whose function is to grant Licenses to produce and publish in the National Language a translation of a literary work written in any other language. The Act is currently amended to expand the power of the tribunal to include arbitration of disputes relating to use of copyright works.

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Last Updated : Monday, 23 July 2001 - 09:30:14 PM EDT©1999-2000
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WHAT THE COPYRIGHT ACT 1987 PROVIDES ?

WHY THE COPYRIGHT (AMENDMENT) ACT 1997 ?

WHO ENFORCES THE COPYRIGHT ACT (1987) ?