Intellectual property
In general
terms, intellectual property is any product of the human intellect that the law
protects from unauthorized use by others.
The ownership of intellectual property inherently creates a limited
monopoly in the protected property.
Intellectual property is traditionally comprised of four
categories: patent, copyright, trademark.
COPYRIGHT
Introduction
In Malaysia, copyright protection is provided under
the Copyright Act 1987. Unlike trademarks, designs and patents (other
intellectual property rights), there is no specific system of registration for
copyright in Malaysia. Copyright exists as soon as the original work is created
and belongs to the creator of the work automatically. Copyright protects
creative works made by authors, producers, photographers, musicians,
songwriters, artists, sculptors and other persons in creative businesses. Here
at KASS, we provide advice to copyright owners and prepare documents for
claiming copyright.
What
can be protected by copyright?
Books (traditional or digital), scripts, music,
pictures, videos, source codes for software, manuals/guidebooks, university
journals, and other kinds of creative works or materials have special
intangible rights attached to them. These rights, known as “copyrights”, are
owned by the people who create the work – authors, producers, photographers, musicians,
songwriters, artists and such – who can choose to do anything and everything
they wish with their exclusive rights.
Copyright protects the expression of the author’s
artistic and literary works and is also related to the exclusive right to
prepare derivative works and to perform and display the work. Subject to the
provisions of the Copyright Act 1987, artistic, literary and musical works,
films, sounds recordings and broadcasts are eligible for copyright protection.
The only criteria for a creative work to be eligible
for copyright is that there must have been sufficient effort applied or put
into the work to make the work original and the work must be reduced to
material form (so the work can be “seen” or “heard” by others). Works are
eligible for copyright regardless of the quality of the work and the purpose
for which they were created.
How
is copyright protected in Malaysia?
Although copyright is a non-registrable right (i.e.,
cannot be registered) in Malaysia and enjoys automatic protection, ownership of
copyright is difficult to establish. As such, proper documentation can be
prepared to prove ownership. Copyright owners can claim ownership by way of a
Statutory Declaration or by filing a Voluntary Notification at the Intellectual
Property Corporation of Malaysia (MyIPO).
Is
my copyright recognized overseas?
Malaysia is a signatory of the Berne Convention and
therefore, copyrighted work created in Malaysia would be recognized by each
contracting member country of the Berne Convention. The list of members of the
Berne Convention can be found on this website:
http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=15
From a local perspective, this means that works
created in Malaysia are eligible for copyright not only in Malaysia but also in
the member countries of the Berne Convention around the world, including the
European Union, the United States, Australia, New Zealand, Japan, China, Korea,
etc. Exploitation of creative works in foreign countries is thus possible for
Malaysian copyright owners at little or no cost!
What
rights do copyright owners have?
The owners of copyrights have the right to prevent
other parties from reproducing their work or any substantial parts of their
work in any material form, unless authorized by them. As the translation,
adaptation and transformation of their work and applications thereof can also
be prevented, owners of copyright essentially have broad rights to their pieces
of work and these rights can be exploited in many profitable ways.
How
long does copyright protection last?
Copyright terms differ from country to country. In
Singapore, US and the EU countries for instance, copyright lasts for the life
of the author plus 70 years.
In Malaysia, copyright in literary, musical and
artistic works subsists during the life of the creator and continues 50 years
after his/her death. This means that the estate of the deceased author, artist
or designer can benefit from the copyright for a further 50 years.
Copyright in literary, musical or artistic works is
released into the public domain once the duration of the copyright expires.
Trademark
A trademark can be a name, word, slogan,
design, symbol or other unique device that identifies a product or organisation.
Patents
Patents apply
to industrial processes and inventions, and protect against the unauthorised
implementation
of
the invention.
Counterfeiting
-The process of fraudulently
manufacturing, altering, or distributing a product that is of lesser value than
the genuine product.-Counterfeiting is a
criminal offense when it involves an intent to defraud in passing off the
counterfeit item.-Counterfeiting most
commonly applies to currency and coins. It is illegal to manufacture, possess,
or sell equipment or materials for use in producing counterfeit coins and
currency.-Federal law also prohibits
producing counterfeit postmarks, postage stamps, military papers, or government
Securities.-Counterfeiting also
applies to the fraudulent manufacture and sale of other items, such as computer
software, CDs, consumer products, airplane parts, and even designer dresses.
-Under pressure from the United States,
China strengthened its copyright and trademark laws in 1993.
-Under federal law, counterfeiting is a
class C felony, punishable by up to 12 years in prison and/or a fine of as much
as $250,000. State laws also establish penalties for counterfeiting.