Jonathan Heng Fuqiang Koo Woei Hong Leow Hui Sien Leow Teck Sheng Regine Lee Sue

Tine Seng Jing Han Soo Yee Ling

Presented by:

Pirated products have inundated the Malaysian markets and are causing many problems not only to the original producers and manufacturer but also to the Malaysian economy. What are the impacts of piracy on the Malaysian economy, the producers, manufacturers and the film industry? Evaluate the legislative and other measures taken by the government to counter these problems. Give further solutions for this problem.

Piracy is the illegal replication of an original recording for commercial gain without the consent of the owner. It uses the copyright of the original publisher to make a gain. Piracy is a theft which leads to a loss to the owners of the property. Besides economic loss, piracy also affect the creative potential of a society as it denies authors and artists their legitimate dues.

The right to authorise the use of ones work in different ways. The permission or the right to copy. The emphasis is not so much on the right to copy but on the right to prevent others from unfairly taking advantage ownership of the original owner of the copyright. In Malaysia, copyright protection 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.

falsify a registered trade mark falsely apply a registered trade mark alter or remove a trade mark knowing it is a registered trade mark make a die or equipment that can help in falsifying or removing a trade mark sell, possess, distribute or import a good, knowing that the trade mark has been falsified or removed knowingly import, possess, sell, distribute or commercially deal with an infringing copy offer for sale infringing copies of computer programs transmit a computer program to enable it to be copied when received

 Piracy is a crime in Malaysia and

is under the amended Malaysia Copyright Act 2003, offenders found guilty can be fined up to RM 25000 for each copy of illegal software seized and can be jailed for up to 5 years.

 Book-Illegal commercial photocopying and printing,

reproduction of books and materials in digital form, as well as distribution in hard copy or digital format Music-Unlawful and unauthorised use of music
Software-Unauthorised copying of computer software

Internet (on-line) piracy-Unauthorised downloading or

distribution over the Internet of unauthorised copies of works such as movies, music and videogames Trademark and product piracy-Illegal use of signs, names, logos (brands) and business names that brand manufacturers use to distinguish their products

Counterfeiters engage in imitations because it does not cost them as much time and finances as compared to the original innovators of the product. Counterfeiters do not create their own trends in the market and face minimal market failure risks. There are high demands for a particular item or product that is difficult or illegal to obtain. It is also due to weak enforcement of intellectual rights, high income potential, lack of legal opportunities to gain wealth or income, and even by a low level of awareness of the issue by the public.

Producers-The expectation of illegal copying may cause some products not to be marketed at all, thus the loss of profits and royalties to rights holders that would have been earned had the product been created and brought to market

Manufacturers-Domination of sales of illegally duplicated copies as they are much cheaper Film industry-Loss of revenue to film companies, reduces output, profits and employment opportunities

1) Enforcement Continued vigilance needed to legalize use of software in enterprises Resolve market access barriers.
2) Legislation Case backlog to shows desirability for more specialized IP courts Strengthening the law of Copyright Action taken by the public.

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