1 Planning & Developing Copyright Policies in the Countries: Pending Issues Malaysia WIPO Study Visit to the Copyright Commission of Korea 19 – 23 November 2007 Seoul, Korea Nur Mazian Mat Tahir Intellectual Property Corporation of Malaysia

2 Copyright Protection in Malaysia : Current Situation International Affiliation: World Intellectual Property Organization – 1 Jan 1989 Berne Convention – 1 October 1990 Principles of : - automatic protection; - national treatment; and - independence of protection. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement – 1 January 1995

3 Copyright Act 1987 Administered by the Intellectual Property Corporation of Malaysia Amendments: - to join Berne Convention – to expand powers of Copyright Tribunal, allow reverse engineering, and enable compounding of offences – to protect rights for performers – to widen enforcement powers

4 Eligible works are protected automatically upon fulfillment of the following conditions: Sufficient effort has been expected to make the work original in character; The work has been written down, recorded or reduced to a material form; Author is qualified person or the work is made in Malaysia or the work is first published in Malaysia.

5 Works Eligible for protection: Literary Works; Musical Works; Artistic Works; Sound Recording; Broadcast; Films; Derivative Works; and Published Editions.

6 Enforcement of IPR – Relevant Legislation Copyright Act 1987 Trade Marks Act 1976 Trade Description Act 1972 and Optical Disc Act 2000 Criminal Sanctions – Enforcement Division of the Ministry of Domestic Trade and Consumer Affairs

7 PENDING ISSUES/FUTUR E PLANNING To accede to the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) To enact laws on Internet Service Provider (ISP) Liability To provide Voluntary Notification System for Copyright (Film & Sound Recording)

8 i. To accede to the WIPO Copyright Treaty (WCT) & WIPO Performances and Phonograms Treaty (WPPT) Amendments to Copyright Act 1987 in 1997 & 2000 to include provision on protection of copyright in the digital environment. Reviewing and scrutinizing the Copyright Act 1987 before acceding to the WCT & WPPT

9 ii. To enact laws on Internet Service Provider (ISP) Liability Malaysian Communications and Multimedia Commission (MCMC) - Malaysian Communications and Multimedia Commission Act 1988; - regulator for the converging communications and multimedia industry; -to implement and promote government’s national policy objectives for communications and multimedia sector - To oversee new regulatory framework for the converging industries of telecommunications, broadcasting and on-line activities.

10 Issues to be considered: -Enact a specific law on ISP liability and its limitation -To incorporated the provision into Copyright Act 1987 or into MCMC’s laws and regulations; -The mechanism to implement such law.

11 iii. To provide Voluntary Notification System for Copyright (Film & Sound Recording) no system of registration Options to protect the works: -Affidavit; -Statutory Declaration; and -Self-addressed envelops Studying as to the feasibility of setting up a Voluntary Notification System for Copyright for film & sound recording.

12 Issues to be considered: -The mechanism of the system - regulator – existing body/new body -Suitable place to keep all the works Studying voluntary registration system from: -Singapore -United States of America

13 CONCLUSION Challenges: - update IP laws ~ consistent with technological development & international treaties; -Increase public awareness ~ importance of registering & respecting IP; -Increase awareness & encourage owners of IP ~ institute civil actions -Provide capacity building for more experts & professional in IP Intellectual Property Corporation of Malaysia ~ custodian of IP laws ~ continuous measures to provide efficient & effective protection and administration of IPR in Malaysia

14 Thank you