This year has seen Malaysia experience a positive whirlwind as far as IP rights are concerned. The deployment of specialist tracking dogs to combat software piracy, relentless raids conducted by authorities in their quest to curb piracy, the Prime Minister's declaration of a national IP day on April 27 2007; these are among the very many developments that bear testimony to Malaysia's serious approach to the protection and enforcement of IP rights.
Another important development has been the establishment of Malaysia's first specially designated IP court. July 17 definitely marked a historical moment for the nation when it officially came into operation. To further improve the administration of IP-related disputes, 15 session courts in every state were designated to handle these matters, with six high courts sitting as special designated courts in states with the most number of IP infringements.
The IP Court caught the public's attention on September 4 when Aussino (M) Sdn Bhd, located in Kuala Lumpur, earned the dubious distinction of being the first local company to be found guilty in the Court for possessing copies of pirated software.
In passing sentence and imposing a fine of RM80,000 ($23,000) or, in default, 12 months' jail, the Court commented that under the Copyright Act 1987, a company/its officers was liable to imprisonment for up to five years. The Court further added that in imposing the sentence, it took into consideration the fact that copyright infringement was a serious offence, hence the government had set up the IP Court to show it was serious about addressing the problem.
The setting up of the IP Court definitely symbolizes Malaysia's commitment to combating IP infringement. Once placed on the US Priority Watch list as a haven for pirates and for high levels of IP infringement, Malaysia hopes to be removed altogether from the list with the setting up of this IP mechanism. The Star Online recently quoted Malaysia's Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal as saying that "the establishment of the IP Court was real and tangible evidence of Malaysia's commitment to protect IP rights".
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