Tuesday, September 15, 2009

copyright in intellectual property

Copyright in Malaysia
Computer Programmes

A computer program is a west of instructions or commands that gives directions to the computer as to the sequence in which its operations should be conducted in order to carry out specific functions. “ Computer programs” were only added to the list of copyright works under the Copyright Act 1987. Prior to 1987, it was generally felt that computer programs were protected under the repealed Copyright ACT 1969. However, it was doubtful that copyright was available then.
Under the 1969 Act, “literary works” were defined to ‘mean’ a number of items, none of which would have covered ‘computer programs’. By using the word ‘mean’ instead of ‘include’, the definition would appear to be exhaustive and not merely illustrative of the works capable of constituting ‘litarary work’.
Computer programs developing day to day. So that, we need copyright to protect our intellectual property. Consequently, from the 1960s onwards, for some form of protection against unauthorized copying. When confronted with the issue, courts in most jurisdictions appeared to accept that copyright protection was available, at least in so far as the source codes were concerned. The issue of proper legal regime for protection was taken by the legistures in some countries and resolved in favour of copyright now.
When Malaysia replaced the Copyright Act 1969 with the 1987 Act, it too extended protection to ‘ computer programs’ as literary works.

Section 3. Copyright 1987 (Act 332)
In this Act, unless the context otherwise requires—

"adaptation" includes any of the following, that is to say—

(a) in relation to a literary work, a version of the work (whether
in its original language or a different language) in which it
is converted into a dramatic work;

(b) in relation to a dramatic work, a version of the work
(whether in its original language or a different language)
in which it is converted into a literary work;

(c) in relation to a literary or dramatic work—
(i) a translation of the work;
(ii) a version of the work in which the story or action is
conveyed wholly or mainly by means of pictures in a
form suitable for reproduction in a book or in a
newspaper, magazine or similar periodical;

(d) in relation to a literary work in the form of a computer
program, a version of the work, whether or not in the
language, code or notation in which the work was originally
expressed not being a reproduction of the work;

(e) in relation to a musical work, an arrangement or transcription
of the work;

(f) in relation to a literary or artistic work, a version of the
work (whether in its original language or a different language)
in which it is converted into a film;

"artistic work" includes—
(a) paintings, drawings, etchings, lithographs, woodcuts,
engravings and prints and any three dimensional work

(b) maps, plans, charts, diagrams, illustrations, sketches and
three dimensional works related to geography, topography,
architecture or science;

(c) works of sculpture;

(d) works of architecture in the form of buildings or models:

(e) photographs not comprised in a film; and

(f) works of artistic craftsmanship including pictorial woven
tissues, tapestry and articles of applied handicraft and
industrial art:


(a) in relation to literary works, means the writer or the maker
of the works;

(b) in relation to musical works, means the composer;

(c) in relation to artistic works other than photographs, means
the artist;

(d) in relation to photographs, means the person by whom the
arrangements for the taking of the photograph were

(e) in relation to films or sound recordings, means the person by
whom the arrangements for the making of the film or
recording were undertaken;

(f) in relation to broadcasts transmitted from within any
country, means the person by whom the arrangements for
the making of the transmissions from within that country
were undertaken;

(g) in relation to any other cases, means the person by whom
the work was made;

"broadcast" means the transmitting, for reception by the general
public, by wireless means or wire, of sounds or images or both; and

"broadcasting" shall be construed accordingly;

"broadcasting service" means any service of radio or television
broadcast, operated under the general direction and control of or
under licence by the Government, in any part of Malaysia;

"building" includes any structure;

"citizen" includes a person who, if he had been alive on the
relevant day, would have qualified for citizenship under the
Federal Constitution;

"communication by cable" means the operation by which signals
are guided by wire, beam or other conductor device, to the public
or any section thereof, for reception, and "communicate by cable"
shall be construed accordingly;

"communication to the public" means the making of a work
available to the public and includes, in addition to any live
performance or delivery, any mode of visual or acoustic
presentation; and "communicate to the public" shall be construed

"computer program" means an expression, in any language,
code or notation, of a set of instructions (whether with or without
related information) intended to cause a device having an information
processing capability to perform a particular function either
directly or after either or both of the following:

(a) conversion to another language, code or notation;

(b) reproduction in a different material form;

"Controller", "Deputy Controller" and "Assistant Controller"
means respectively the Controller of Copyright, the Deputy
Controller of Copyright and an Assistant Controller of Copyright
appointed under section 5 (1):

"copy" means a reproduction of a work in written form, in the
form of a recording or film, or in any other material form;

"copyright" means copyright under this Act;

"educational institution" shall have the same meaning as
assigned to it in the Education Act 1961:

"film" means any fixation of a sequence of visual images on
material of any description, whether translucent or not, so as to be
capable by use of that material with or without any assistance of
any contrivance

(a) of being shown as a moving picture; or

(b) of being recorded on other material, whether translucent or
not by the use of which it can be so shown,
and includes the sounds embodied in any sound-track associated with
a film:

"fixation" means the embodiment of sounds, images or both in
a material form sufficiently permanent or stable to permit them to be
perceived, reproduced or otherwise communicated during a period of
more than transitory duration;

"future copyright" means copyright which will or may come into
existence in respect of any future works or class of works or other
subject matter, or on the coming into operation of any provision of
this Act, or in any future event;

"Government" means the Government of Malaysia or the
Government of any State;

"infringing copy" means any reproduction of any work eligible for
copyright under this Act, the making of which constitutes an
infringement of the copyright in the work;

"licence" means a lawfully granted licence in writing. permitting
the doing of an act controlled by copyright;

"licensing body" means a society, firm or other organization which
has as its main object, or one of its main objects, the negotia tion or
granting of licences in respect of copyright works, and includes an
individual carrying on the same activity;

"literary work" includes

(a) novels, stories, books, pamphlets, manuscripts, poetical works
and other writings;

(b) plays, dramas, stage directions, film scenarios, broadcasting
scripts, choreographic works and pantomimes;

(c) treatises, histories, biographies, essays and articles;

(d) encyclopaedias, dictionaries and other works of reference;

(e) letters, reports and memoranda;

(f) lectures, addresses, sermons and other works of the same nature;

(g) tables or compilations, expressed in words, figures, or symbols
(whether or not in a visible form); and

(h) computer programs or compilations of computer programs;
"manuscript", in relation to a work, means the original document
embodying the work, whether written by hand or not;

"material form", in relation to a work or a derivative work, includes
any form (whether visible or not) of storage from which the work or
derivative work, or a substantial part of the work or derivative work can be

"Minister" means, unless otherwise stated, the Minister charged with
the responsibility for copyright matters;

"musical work" means any musical work, and includes works
composed for musical accompaniment;

"photograph" means any product of photography or of any process akin
to photography, other than a part of a film, and includes a product created
through any electronic process;

"premises" means any place, stationary or otherwise established
or set up by any person, and includes any such place in the open air,
whether such place is with or without enclosure, and also includes
vehicles, aircraft, ships and any other vessel;
"qualified person"

(a) in relation to an individual, means a person who is a
citizen of, or a permanent resident in, Malaysia; and

(b) in relation to a body corporate, means a body corporate
established in Malaysia and constituted or vested with legal
personality under the laws of Malaysia;

"rebroadcast" means a simultaneous or subsequent broadcast by
one broadcasting service of the broadcast of another broadcasting
service, whether situated in Malaysia or abroad, and includes
diffusion of such broadcast over wires; and "rebroadcasting" shall
be construed accordingly;

"relevant day" means Merdeka Day in respect of West
Malaysia and Malaysia Day in respect of Sabah, Sarawak and the
Federal Territory of Labuan;

"reproduction" means the making of one or more copies of
work in any form or version and "reproducing" shall be construed

"sound recording" means any fixation of a sequence of sounds
capable of being perceived aurally and of being reproduced by any
means, but does not include a sound-track associated with a film;
"Tribunal" means the Copyright Tribunal established under
section 28; and

"work of joint authorship" means a work produced by the
collaboration of two or more authors in which the contribution of each
author is not separable from the contribution of the other author or

This definition and other computer-related provisions in the Act 1987 were closely modeled on the Australian Copyright Amendment Act 1984.
In the case Creative Purpose sdn Bhd & Anor v. Integrated Trans Corp Sdn Bhd& Ors, the plaintiffs who
Kamalanathan Ratnam JC , the judge made the following observation,

……it is possible to sieve from the numerous judicial observations, that copyright protection for software program is strongly entrenched, and that the courts have shown a willingness to extend the protection to both the object as well as the source codes. In fact, a set of instructions which is conferred protection as well. Its is my finding that the definition under Section 3 of the Act should be read broadly so as to include all manifestations of that set of instructions which can be read by a computer in whatever converted form.

Check out this SlideShare Presentation:

Japan Aims for Copyright- relaxed ‘special cyber zone’
Posted on 2008-08-25

Japan's Ministry of Internal Affairs and Communications is aiming to establish "special cyber zones" (cyber tokku), in which users can use and experiment with copyrighted materials on the Internet without legal worries, in 2009. Such materials will include net-distributed video and music that have been authorized by the copyright holders. However, "only specific participants will be allowed to enter" the zones. Similar to the existing special economic zones (keizai tokku) with relaxed business regulations, the cyber equivalents are intended to promote the global competitiveness of the telecommunications industry and support the creation of new business opportunities. The ministry is requesting a budget of 2 billion yen (US$18 million) for this initiative in 2009.
Like other countries, Japan has grappled with the balance of copyright enforcement versus individual rights and business opportunities on the Internet. Japan currently allows unauthorized downloads of copyrighted material for private use, but the Agency for Cultural Affairs is pushing for an amendment to allow prosecution of these downloaders. At the same time, Prime Minister Yasuo Fukuda's Intellectual Property Strategy Headquarters proposed a fair-use clause, similar to the American one, that will consider non-commericial use and the lack of harm on market value as mitigating factors in any prosecution. Niwango's Nico Nico Douga video-sharing website was forced last month to remove videos that reportedly infringed on the copyrights of three Japanese associations of video content companies.

Source: Yomiuri Shimbun via Sankaku Complex.

Cybercafé fined for copyright breach
Fan Foo
Nov 26,2008

A SYDNEY internet cafe operator has pleaded guilty to 40 charges of copyright infringement involving titles such as Russell Crowe's American Gangster.
Interville Technology was fined $82,000 and ordered to pay court costs at the Downing Centre Local Court yesterday. The company's computers and servers seized during a raid by the Australian Federal Police will be forfeited. On December 18, 2007, the AFP raided Interville's cybercafe located at Sydney's World Square shopping centre following an investigation by the Australian Federation Against Copyright Theft (AFACT) and the Music Industry Piracy Investigations (MIPI). According to AFACT and MIPI, the cafe had 60 computers and three servers that contained hundreds of thousands of infringing movie, TV and music titles. The cafe was charging its patrons hourly fees to illegally access movies and music, that were then saved on storage devices with up to 60GB of space. Both organisations say the capacity would be able to hold 40 movies and hundreds of music files. During the raid, Interville was found to have infringed on the copyright of then yet-to-be-released movies, including American Gangster and National Treasure Book of Secrets, plus songs from over 150 popular artists like 50 Cent, Alicia Keys and Justin Timberlake. "It is satisfying to see sentences handed down which properly reflect the damage operations like this does to the rights of owners and the 50,000 Australians working in the film and TV industries," AFACT operations director Neil Gane said. Mr Gane said the outcome would send a clear message to internet cafe owners engaged in commercial scale copyright breach. "You will be caught and you risk severe penalties." Last week AFACT moved sue internet service provider iiNet for allegedly authorising copyright infringement activities on its network.
It has also warned individual users not to illegally share or download movies and songs.



A trademark is one part of intellectual property. This trademark law, important to business whether in cyberspace or in real world. A trademark consists:

1. Symbol, Design, particularly word or
2. Combination of these used to denote a particular ware (i.e. a good
or Service)
3. Graphically

Trademarks serve to distinguish one’s goods or services in the marketplaces, allowing consumers to identify them as being from a specific company. They also can used to identify a good or service as being of a specific quality, since trademarks carry a certain goodwill or reputation built up the company over time. It’s makes customer easy to identify and relate a product with a particular trader.

There are three groups of trademarks which are:
a. Ordinary trademarks
b. Certification marks
c. Distinguishing guise.
Ordinary trademarks are words or symbol marks associated with a good or service and held by individuals or organizations (Coco-Cola is perhaps the best known. Certification marks are names or symbols used by organizations to identify quality in a good or service. For examples, the Canadian Standards Association uses the CSA mark to identify a good that satisfies its safety levels. Distinguishing guise identifies ac ware by its physical representation, such as its packaging or physical shape (Coco-Cola’s ribbed glass bottle with the curvy shape is a classic example).

Trademarks differ from copyright, however, in trademarks there are two application legal regimes depending which is registered trademarks and unregistered trademarks.
1. Registered trademarks and benefits.

Its complies with the federal Trade-Marks Act registration requirements and is inscribed in the trademark’s register. Its lasts for 15 years and is renewable. Registration costs several hundred dollars and renewal required another fee according to Canada trades law. Ones registered, the trademarks holder has the exclusive rights to use the trademark in the country of registration; no one else may use the trademark without the holder’s permission. The holder may license or assign (transfer) it to others, and assignments must be registered with the Trade- Marks Office. Trademarks are protected in order to avoid public confusion. Marks that cause confusion because they look or sound like other marks that represent similar goods or services can’t be registered. Finally, certain parts of a mark may be disclaimed, i.e. they may from part of one’s mark but aren’t protected. For example, “Superstar Internet Provider Service” would likely have to disclaim “Internet Provider Service” since it represents the nature of the service. If after much use the entire combination of words becomes sufficiently distinctive in representing one’s goods or services then registration may be possible. If there is any infringement of a registered trademark, the owner may take civil action under the provisions of the Trademarks Act to obtain relief such as injunctions and damages against the person who infringes or lodge a report to the Enforcement Department of the Ministry of Domestic Trade and Consumer Affairs for actions under Akta Perihal Dagangan 1972. The certificate of registration issued by the office of Registrar of Trademarks is a conclusive proof of ownership.
However, trademark registration is not mandatory like registration of companies or business. Even without registration, legal protection can still be obtained through “rules of Common Law and Equity” based on usage and reputation. An action of passing off can be taken against any act of infringement. However, procedures to get this protection are rather difficult and time consuming compared with protection through registration.


1. Origin of goods
2. Distinguish product
3. Facilities and assist customers in making choices
4. Guarantee quality
5. Advertise and promote products
6. Economic value –capable of licensing or franchise


1. Trademarks Act 1976, enforced on 1 September 1983
Trademarks (Amendments) Act 1994
Trademarks (Amendments) Act 2000
2. Trademark Regulations 1997 (Amended in 2001)

History of Enforcement trademarks in Malaysia

On 27 October 1990, the Officer of Register of trademarks and patents was placed under the jurisdiction of the Ministry of Domestic Trade and Consumer Affairs. The Intellectual Property Department (now renamed Intellectual Property Commission) was established in 1991 to ensure not only protection of trademarks and patents but also copyrights and industrial designs.

McDonald vs McCurry

McCurry' to pay damages over nameSeptember 08, 2006

The High Court of Malaysian has ordered an Indian eatery called McCurry Restaurant to pay damages to US fast food giant McDonald's for imitating the chain restaurant's name and signature colours.High Court judge Siti Mariah Ahmad yesterday ruled McDonald's had the exclusive right to the prefix "Mc'', and said the McCurry Restaurant, which has similar red and gold signage, had tried to capitalise on the global company's reputation."The act of the defendant was a deliberate attempt to get an unfair advantage to the detriment of the plaintiff,'' she was quoted as saying by the Bernama news agency in ruling on the suit by the McDonald's Corporation against McCurry."The plaintiff had suffered damage to their goodwill and reputation and an erosion to the singularity that they had enjoyed vis a vis the Mc mark, either when used on its own or in conjunction with an item of food'' she said.The sum of the damages award is to be assessed by authorities, Bernama said.The judge said McCurry could cause confusion amongst Malaysians with its red and gold logo, which features a chicken giving a thumbs up sign, and ordered the curry restaurant to drop the "Mc'' from its name, Bernama reported.McDonald's in its suit had said the "Mc'' prefix was a trademark used on all its goods and services and was globally recognised.But the Kuala Lumpur-based McCurry, formerly known as Restoran Penang Curry House, argued that the prefix "Mc'' was not exclusive to McDonald's and pointed to its use in surnames, including Scottish ones.It also said it served an array of popular Malaysian dishes which were totally different from the typical burger and fries fare at McDonald's.McCurry, which has insisted its name is an abbreviation of local popular dish "Malaysian Chicken Curry'', said it would appeal the ruling.There are 174 McDonald's restaurants in Malaysia, and the company is expanding at about 15-20 restaurants annually, according to the McDonald's Malaysia website.
Source: http://www.news.com.au/couriermail/story/0,,20374788-462,00.html?from=rss

posted by Maverick SM # 5:28 PM 3 comments



Cyberspace requires a special and unique addressing system, known as the domain name system (DNS), which applies throughout cyberspace and doesn’t recognize regional or national boundaries. As in computer networking each computer on the internet has this unique address, which is called as Internet protocol (IP) address. This IP takes the form of four sets of numbers, separated by periods, or “dots” (such as 207.144.332.12). This numbers are what computers use to route traffic on the internet.
The organization that include in this matter is the Internet Assigned Numbers Authority (IANA). This organization oversees IP address; DNS root zone managements and other internet protocol assignments. It is operated by the Internet Corporation under authority of the United States Commerce Department. This IP number very useful and understandable for computer, however are too long for humans to remember.


“Domain” came from the “Dominium”, a Latin word for property or right of ownership. A dictionary defines “Domain” as the territory over which dominion or authority is exerted. In the internet domain signifies “ownership” or a “space” in the digital and virtual world of networked computers. A domain name is thus a name that refers to a digital domain or territory on the internet. It is textual address which is anyone can find your host machine on the internet. Its contains labels and dot. The dot separated the labels. For example “fskk.com”. Here “fskk “and “com” is labels and separated by a dot.


URL is Uniform Resource Locator, a form of address that specifies the location of the object, usually a webpage or a website on the Internet. Its contains three part. There are:
1. Protocol (e.g. http)
2. Domain name of any Internet host (e.g. www. Fskk.com.my)
3. Path or file name (e.g. html, welcome/html)
There are some examples of URL:
1. http://www.fskk.com.my/welcome.html
2. http://www.ukm.edu.my
3. http://www.abc.com.my/somethings.gs

So, in URL also this domain is used. When you use the web or send e-mail message, a domain name is used. The URL http://fskk.com.my contains the domain name fskk.com.my. The e-mail address fskk_0910@yahoo.com contains domain name yahoo.com.


http://www.fskk.com.my (example)

level of this url are:

http = Hyper text transfer protocol

wwww = World Wide Web

fskk = Second-level domain (SLD)
*First come first served Basic
*free to choose

com = Top-level domain (TLD)
*Com: commercial
*Pre-defined by ICANN and the interNIC

my = Top level domain (TLD)
*Country code
*My: Malaysia

Technical characteristics

DNS names must be unique:
1. It cannot have two or more name that are the same .
2. Names need only differ slightly.
Registering authorities and top level domains independent
1. A name in one domain scheme does not preclude that name in
2. Must register in all domains to control name
3. Must register all combinations
4. Registering authorities operate their own regulations

Using a domain name which is the same or similar to a particular trademark can happen in many ways:
1. Slight amendment to letters
2. Reference in metatags
3. Deep linking

Cybersquatting is a registration of a domain name with a view to get something in return from the owner of a particular trademark who wishes to use that domain name. it can happen because of the domain name can be sold to a company or organization which intend to use the domain name, can be sold to the third party who has other interests in keeping the domain name and because to prevent the owner of a particular trademark from using the domain name.

Disney wins domain name case
Sunday, 06 September 2009

Disney Enterprises,the largest media and entertainment conglomerate in the world submitted a complaint to the National Arbitration Forum,requesting six domain names to be transferred to them .
The six domain names are : marypoppinsonbroadway.com, marypoppinstickets.net, marypoppinstickets.org, hannahmontanaticketsonline.com, and littlemermaidticketsny.com .Disney Enterprises owns various trademarks.The domain names marypoppinsonbroadway.com, marypoppinstickets.net, marypoppinstickets.org are confusingly similar to its Mary Poppins mark,hannahmontanaticketsonline.com is confusingly similar to its Hannah Montana mark and littlemermaidticketsny.com is confusingly similar to its Little Mermaid mark .Moreover,the entertainment conglomerate demonstrated that the domain names were registered and used in bad faith.The complainant ,demonstrated that two of the domain name resolves to their "Disney on Broadway” web page".Marypoppinstickets.org, hannahmontanaticketsonline.com, and littlemermaidticketsny.com seems to resolve " to a commercial website that sells goods and services that compete with Complainant’s business. Specifically, it appears that Respondent is diverting Internet users seeking Complainant’s entertainment goods and services to a website that sells tickets to Complainant’s shows, as well as shows of competitors, in competition with Complainant’s own sale of its goods and services. "Because the respondent failed to submit a response and because the complainant managed to demonstrate all the elements required,the Panel decided the six disputed domain names to be transferred from the respondent to he complainant.

Almost half of Malaysian listed companies yet to secure domain name
Malaysia’s domain registrar moves to pre-register .my domain
By AvantiKumar07 Sep 2009

KUALA LUMPUR, 7 SEPTEMBER 2009 -- Almost half of Malaysian public-listed companies have yet to secure their .my domain name, according to the country’s sole registrar .my DOMAIN REGISTRY.
“In support of Bursa Malaysia’s [Malaysian stock exchange’s] directive for all listed companies to have a corporate website, .my DOMAIN REGISTRY has announced that it is pre-reserving the domain names for a number of Bursa Malaysia companies it has identified as not yet having a ‘.my’ address,” said .my DOMAIN REGISTRY director, Shariya Haniz Zulkifli.
“From our research, nearly 50 per cent of the companies listed on Bursa Malaysia—inclusive of all three: main board, second board and MESDAQ—do not have, or do not actively identify their online presence via a .my domain name,” said Zulkifli, adding that the agency would ‘hold’ these domains on behalf of these companies until 31 October 2009 as part of its continuing efforts to encourage more Malaysian businesses to secure their online IP [intellectual property].
Formerly known as MYNIC, .my DOMAIN is the sole administrator for Web addresses that end with .my in Malaysia, and is an agency under the ministry of science, technology and innovation (MOSTI) regulated by the Malaysian Communications and Multimedia Commission (MCMC). As the national level domain name, .my gives Malaysian businesses and individuals their unique brand identity on the Internet.
Discount available
“To protect your business IP, we are advocating that Malaysian businesses, particularly public-listed ones, register with .my DOMAIN REGISTRY resellers. The ‘.my’ unique domain name not only protects IP rights here, it is arguably less open to cyber-squatting issues compared to the ‘.com’ domain names,” said Zulkifli.
“By registering domain names derived from famous or known brands, unscrupulous cyber squatters go to the extent of luring online consumers into purchasing counterfeit products, giving away personal information and exposing them to malware,” she added.
“As the national level domain name, ‘.my’ gives Malaysian businesses a unique brand identity that is accessible worldwide on the Internet. Utilising a ‘.my’ address will therefore not only differentiate local businesses from foreign entities but will also enhance its export and international market potential as a Malaysian company,” she said.
“Even small-medium enterprises [SMEs] should make their Malaysian identity more noticeable online as e-commerce has become one of the most important facets of the Internet as it is relatively cost-efficient, and a very effective and credible way of reaching out to the global market,” she said.

How to Choose the Right Domain Name

What’s your favorite word? There’s a certain magic in the right combination of syllables, the way a specific word rolls right off the tongue. Words like gregarious, origami and highfalutin sound fantastic -- even when all by themselves. These words, however, are also hard to spell, difficult to define and almost impossible to remember when the occasion finally does call for their use. What’s your favorite word? When you want to know how to choose the right domain name, the words you like no longer matter at all.
The most popular
domain names on the Web hardly even sound like real words (even if they are): Google, Yahoo, Wikipedia. It might sound like a lot of nonsense, but you’re listening to the symphony of money when you say these odd, one-word domain names. Maybe you don’t like the words -- but you know the sites (and so does everyone else). Need to know how to choose the right domain name? It’s time to take a crash course on Internet names, and online naming, in general. (from http://tools.devshed.com/c/a/Domain-Name)

http://www.igoldrush.com/intro2d.htm( u can get information about the meaning of domain name,the characteristics, the different kinds of domain name, some slightly tecnical stuff about domain name, what can do with domain name and why should buy a domain name)