DESCRIMINATION &

INTELECTUAL
PROPERTY

1.

DISCRIMINATION AT WORK COULD BE IN THE FORMS OF

UNFAIR TREATMENT OF BOTH YOUNG AND OLDER
PERSONS, PEOPLE WITH DISABILITIES, THOSE LIVING WITH
HIV/AIDS AND ON THE BASIS OF SEXUAL
ORENTATION.
a.

Discuss and analyse to what extent employment laws

other laws in Malaysia provide protection to those
being victimised by these forms of discrimination?
b.

and

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

2
IS THE LAW ON INTELLECTUAL PROPERTY LAW IS
EFFECTIVE TO COMBAT OR FIGHT UNETHICAL
PRACTICES
OF INTELLECTUAL
PROPERTY IN MALAYSIA?

a.
Discuss and analyse to what
extent employment laws and
other
laws in Malaysia provide protection to
those being
victimised by these
forms of discrimination?

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?
Definition of discrimination
Discrimination refers to services that are biased against a particular
individual. Discrimination is an event that is common to human
society, is due to the human tendency to discriminate against others.
Discrimination may be applicable in various contexts. It may be done
by individuals, institutions, firms, even the nation itself.
Unlawful workplace discrimination occurs when an employer takes
adverse action against a person who is an employee or prospective
employee because of the following attributes of the person such age,
gender, disability, health, race, religion and belief
This presentation is discusses only the discrimination of age,
disability, gender and HIV/AIDS in the Malaysia workplace.

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

Age discrimination
Age discrimination also called ageism, is stereotyping of and discrimination
against individuals or group because of their age. It is a set of beliefs,
attitudes, norms, and value used to justify age based prejudice and
discrimination.
What happen if we are in Kuala Lumpur with 40 years old and out of jobs?
What we can do for living on that age?
able-bodied men, they could try to be a guard
women, the work prospect is less after 40.
In 2009, the Federal Mills in Klang was the retrenchment 135 worker who
had worked there for 20 to 25 years. They are subjects to discrimination
because of their age. Other companies were also reluctant to employ them
although they are healthy and qualified for some jobs.

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

Disability discrimination
The meaning of disability is provided in Article 1 of the united Nations Convention on the
Right of Person with Disabilities (2007) as, Person with disability include those who have
long-term physical, mental, intellectual or sensory impairments, which in interaction
with various barrier may hinder their full and effective participation in society on an
equal basis with other.
Disability discrimination are always happens because the employer will faced the problem
with the disabilities employee such
as their ability will not equivalent with other normal employee,
disability worker also needs special supervisory,
problem to be works in group,
absenteeism, less quality of work
and less loyal toward the works
need high cost to employer for established facilities and amenities for person with disability.

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

Disability discrimination
In 2001, the Labor Department of the Malaysian Ministry of Human
Resources issued the code of Practice for the Employment of the
Disable in the Private Sector (Disability Code).
Through the Disability Code sets out the certain responsibilities of
both the employer and the disable employee, like other similar codes
relating to employment, there are no legal sanctions for noncompliance.
The Malaysia Government was passed the Person With Disabilities
Act 2008 (PDA). It will be the first specific anti-discrimination law
in Malaysia that applies in the workplace.

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

Gender discrimination
Sex or gender discrimination is treating individuals differently in their
employment specifically because an individual is a woman or a man. If
we have been rejected for employment, fired, or otherwise harmed in
employment because of our sex or gender, then, we may have suffered
sex or gender discrimination.
Gender discrimination will create tensions, decrease production, cause
conflicts, increase employee turnover and others.
The gender discrimination such breaks the gender right, age-gender
and sexual harassment discrimination.

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

Breaks the gender right

In Malaysia, the gender discrimination is still happen until today. Article 8
(1) of Federal Constitution guarantees equality before the law, while Article 8
(2) of the federal constitution was amended in 2001 to prohibit the gender
discrimination.
The amendment to the constitution which added the word gender to that
provision only took effect from 28 September 2008.
Before that the article 8 (2) of the Federal Constitution only wrote about
religion, race, descent or place or birth.
But, which more interesting about Malaysia gender discrimination is the new
amendment of article 8 (2) of Federal Constitution is only bind public sector
and the private sector is exempted.
Beatrice a/p At Fernandez v Sistem Penerbangan Malaysia and Other (2004)
Chayed bin Basirun & Ors v Noorfadilla bt Ahmad Saikin (2011)

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

Age-gender discrimination
The minimum Retirement Age Act 2012 and start will enforce 2013,
which addresses longer life spans, also deals with gender
discrimination.
The new act was scuppered the case of eight former employee of
Guppy Plastic Industries Sdn Bhd. They were forced to retire in
June 2001 (11 years old case) after the company, Guppy Plastic
Industries, enforce a then-new employee handbook rule stipulating
a retirement age of 50 for female employees and 55 for male
employees

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?
Sexual Harassment

There is only law in existence that comes close to dealing with the
issue of sexual harassment in Malaysia-Penal Code, section 509. The
existing law deals more with physical aspects. Sexual harassment
cases are currently handled by the police and claims are made under
the Penal Code, Section 509.
in 1999, the Code of Practice on the Prevention and Eradication of
Sexual Harassment in the workplace was promulgated (Sexual
Harassment Code).
The sexual Harassment Code is not legally binding, but companies
are expected to adopt its recommendation.

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

HIV/AIDS Discrimination
The Human Resources Ministry Department of Occupational Safety and Health has
a code of Practice on Prevention and Management of HIV/AIDS at the workplace.
It places emphasis on the employers responsibility to be a non-judgmental and to
have in place non-discriminatory policies for HIV-positive employees.
They (HIV/AIDS employee) have the right to continue to work as long as they are
able to and do not pose any danger to themselves, their co-workers and other
individuals at work. The procedure for termination of employment on medical
grounds for them should be the same as for as any other disease.
Mandatory pre-employment HIV testing is a gross discrimination against HIV
patients and is unacceptable. However, confidential voluntary HIV blood testing is
encouraged, with proper pre and post testing counselling

a.

Discuss and analyse to what extent employment laws and

other laws in Malaysia provide protection to those being
victimised by these forms of discrimination?

For Malaysia, it timely for the government to create relevant laws

and enforce our code of practise.
An International Labour Organisation study release recently
reveals that people living with HIV who are employed are almost
40 per cent more likely to stick to HIV treatment than those
without a job.
The treatment will reduce the HIV risk of an HIV-infected person
transmitting the infection to another by as much 96 per cent.

b.

Are the laws in UK to protect those

being victimised by these forms of
discriminations are different from
Malaysian law?

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

EQUALITY ACT 2010

Protect from discrimination, harassment and
victimization at workplace and society
2 main purposes:
i. to harmonize the discrimination law
ii. to strengthen the law in order to support
the progress on equality
15

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?
Equality Act
(Sexual
Orientation)
Regulations 2007

Equality Act
2006, Part 2

Equal Pay
Act 1970
Sex
Discrimination
Act 1975
EQUALITY
ACT 2010

Employment
Equality (Age)
Regulations 2006

16

Employment
Equality (Sexual
Orientation)
Regulations 2003

Employment
Equality (Religion
And Belief)
Regulations 2003

Race
Relations
Act 1976
Disabilities
Discrimination
Act 1995

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

9 characteristics:

17

i. Age
ii. Disability
iii. Gender reassignment
iv. Marriage or civil partnership (in employment
only)
v. Pregnancy and maternity
vi. Race
vii. Religion or belief
viii. Sex
ix. Sexual orientation.

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

AGE DISCRIMINATION

Section 5, Equality Act 2010

Protect from age discrimination including:
Recruitment
Employment terms and conditions
Promotions and transfers
18

Training

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

EXAMPLES
Retirement age
Dont set retirement age
Training
Training providers cannot set upper or lower
age limit for training unless they can objectively
justify the needs
19

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

Beck v Canadian Imperial Bank Of Commerce

(CIBC)
Achim Beck investment banker
Company was in the processes of hiring head hunters
"seeking a younger, more entrepreneurial profile issue
internal memo
"younger" in the memo less experienced "as opposed to
older and staid explained by Beck
Judges decision - company failed to adequately prove
that age was not a factor in dismissal of Beck
20

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

DISABILITIES DISCRIMINATION
Unlawful for employers to discriminate
against people with disabilities for a reason
related to their disabilities in all respect of
employment unless it can be justified
Section 6, Equality Act 2010
21

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

Coverage of the act:

Application forms
job descriptions
personnel specifications
recruitment advertising
the application process
shortlisting and
interviewing arrangements
selection testing
arrangements
22
medical
questionnaires and
assessments

references
job offers
terms of employment
harassment
pregnancy, maternity and
adoption rights
promotion, transfer or
training opportunities
work-related benefits,
such as access to
recreation or refreshment
facilities

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

Russel v Fox Print Services LLP and another

Mr. Russel suffering depression, taking several periods
of sick leave
Employer invited him for a meeting but he failed to
attend due to health problem
Meeting proceed in his absence
Judge decision - Mr. Russel was not disabled as
disability not lasting for 12 months
Disabilities by meaning and definition have to prove first
before any discrimination on disabilities can be claimed
23
to other party

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

Billet v Ministry Of Defence

acting lance corporal in the Royal Logistics Corps
suffered a non-freezing cold injury to his feet when
engaging in exercises in cold weather
Ministry of Defence admitted liability to pay 75% of
the damages
Judge has a well said that Billet satisfies the Equality
Act 2010 definition of disability that the impact of
the disability substantially limits the person's ability
to carry out normal day to day activities
24

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

HIV/AIDS DISCRIMINATION
Equality Act defines everyone diagnose with HIV/AIDS
as disabled
Prohibition of health questionnaires prior to an offer of
an employment
Benefit from the Public Sector Equality Duty - all public
bodies have to have due regard to the need to promote
equality and eliminate discrimination
The UK Data Protection Act 1998 also protects those
people living with HIV/AIDS
25

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

Scott Watts v High Quality Lifestyle Ltd.

Disclosed his HIV status after five months
employment
When he disclosed his status, he was
suspended while his employers carried out a
somewhat superficial risk assessment

26

Judge decision - The employer never seriously

considered any reasonable adjustments and so
the employee won on these grounds

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

SEXUAL ORIENTATION
The definition of sexual orientation is:
People of the same sex as him or her (in other
words the person is a gay man or a lesbian)
People of the opposite sex from him or her
(the person is heterosexual)
People of both sexes (the person is bisexual).
27

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

The coverage of protection under the Equality Act 2010 is as

follows:
recruitment
terms and conditions
pay and benefits
status
training
promotion
transfer opportunities
redundancy
28
dismissal

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

Fuller v United Healthcare Services Inc. and

another
Fuller is a US citizen whose home is in Texas
Employment relationship was "at will - both parties
could terminate it at any time and for any reason and
all employment disputes would be determined solely
by arbitration, administered by the American
Arbitration Association
The sexual orientation issue, the Equality Act 2010
has silent about the territory scope but that Parliament
29

cannot have meant to restrict rights in enacting that

legislation

b.

Are the laws in UK to protect those being victimised by these

forms of discriminations are different from Malaysian law?

CONCLUSION
Malaysia has no specific laws in protecting
the discrimination at workplace
Protect only under Employment Act 1955
UK protect the discrimination at workplace
with Equality Act 2010
30

IS THE LAW ON INTELLECTUAL

PROPERTY LAW IS EFFECTIVE TO
COMBAT OR FIGHT UNETHICAL
PRACTICES OF INTELLECTUAL
PROPERTY IN MALAYSIA?

2
IS THE LAW ON INTELLECTUAL
PROPERTY LAW IS
EFFECTIVE TO COMBAT OR FIGHT UNETHICAL PRACTICES OF
INTELLECTUAL PROPERTY IN MALAYSIA?

Introduction
Intellectual Property (IP) is the idea that its subject is the product of the
mind or the mental power that could be in the form of Patents,
Trademarks, Industrial Designs and Copyright.
Its can protected through law, like any other form of property can be a
material of trade, that is, it can be owned, bequeathed, sold or bought.
Intellectual property rights in Malaysia started as early as the 1800s
during the Straits Settlement days
Malaysian intellectual property laws are fairly similar with the laws of
other Commonwealth countries and more or less in accordance with
international practice.
Malaysia is a member of the World Intellectual Property Organization
(WIPO) and a signatory to the Paris Convention and Berne Convention

2
IS THE LAW ON INTELLECTUAL
PROPERTY LAW IS
EFFECTIVE TO COMBAT OR FIGHT UNETHICAL PRACTICES OF
INTELLECTUAL PROPERTY IN MALAYSIA?

Components of Intellectual Property (IP)

A.Copyright
Copyright exists in original works
There are few segments in copyright such as literary works, musical works,
artistic works, films, sound recording and broadcast.
The Copyright Act 1987 in Malaysia provides comprehensive protection for
copyrightable works.
Example:
Copyright protection in literary, musical or artistic works is for the duration of the
life of the author and 50 years after his death.
In sound recordings, broadcasts and films, copyright protection is for 50 years
after the works are first published or made.
Case:
A newspaper reporter interviewed a well-known jockey regarding his racing
experiences and published articles in his newspaper with the jockeys consent case.

2
IS THE LAW ON INTELLECTUAL
PROPERTY LAW IS
EFFECTIVE TO COMBAT OR FIGHT UNETHICAL PRACTICES OF
INTELLECTUAL PROPERTY IN MALAYSIA?

B. Design, Trademark or Pattern

The design may consist of three-dimensional features such as the
shape and configuration of an article, or two-dimensional features, such
as pattern and ornamentation.
The Layout Designs of Integrated Circuit Act 2000 provides for the
protection of layout designs of integrated circuits based on originality.
Example:
The Act is implemented in compliance with the TRIPS Agreement to
provide a guarantee to investors in Malaysia's electronics industry and
to ensure the growth of technology in the country
Case :
-Anton Piller KG v Manufacturing Processes Ltd (1976)

2
IS THE LAW ON INTELLECTUAL
PROPERTY LAW IS
EFFECTIVE TO COMBAT OR FIGHT UNETHICAL PRACTICES OF
INTELLECTUAL PROPERTY IN MALAYSIA?

C. Patent
Patents are grants given to owners by the government which give the
owner an exclusive right over the invention that they have created.
The Patents Act 1983 and the Patents Regulations 1986 govern patent
protection in Malaysia
In accordance with TRIPS, the Patents Act stipulates a protection
period of 20 years from the date of filing of an application
Example:
TRIPS, under the scope of compulsory license, the Act allows for
importation of patented products that are already in the other countries'
market (parallel import).
Case
Case Kevin David Mitnick

2
IS THE LAW ON INTELLECTUAL
PROPERTY LAW IS
EFFECTIVE TO COMBAT OR FIGHT UNETHICAL PRACTICES OF
INTELLECTUAL PROPERTY IN MALAYSIA?

D. Trademark
Consists of a device, brand, heading, label, ticket,
name, signature, word, letter, numeral or any
combination
It provides their owners with the legal right to prevent
others from using an identical or confusingly similar
mark
In Malaysia Trade mark protection is governed by the
Trade Marks Act 1976 and the Trade Marks Regulations
1997
Example:
TRIPS, prohibit the registration of well-known trade
marks by unauthorized persons and provides for border

2
IS THE LAW ON INTELLECTUAL
PROPERTY LAW IS
EFFECTIVE TO COMBAT OR FIGHT UNETHICAL PRACTICES OF
INTELLECTUAL PROPERTY IN MALAYSIA?

Conclusion
All businesses that wish to invest or trade in Malaysia should consider
registered their rights in Malaysia
Ministry of International Trade and Industry (MITI) the bodies
controlling all the IP brands.
Important to respect intellectual property rights in order for consumer
to have trust to buy products
Prevent infringement on intellectual property rights copyrights,
trademarks, patent, industrial designs.