BB103

Business Law
 Introduction
 Trademark
 Patent
 Copyright
 Copyright in General
 Ownership and Assignment of Copyright
 Copyright Tribunal
 Infringements
 Offences
 Intellectual property:
 legal property rights over creations of the mind, both
artistic and commercial, and the corresponding fields of
law
 intangible property

 Area of law – sometime known as the law of industrial

property
 Intellectual or industrial property comprises:
1. Copyright
2. Designs
3. Patents
4. Trademarks
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 Trade Marks Act 1976- legislation governing

trademark in Malaysia
 Provides for a registration system for marks
(logos,brands,signs) used in relation to goods and
serivces.
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 The registration of a mark in relation to specific

goods or services is valid for 10 years from the
date of filing and is renewable for subsequent
periods of 10 years each, indefinitely.
 The registration is entitled to:

- Commence infringement action against others

who use his mark without consent; or
- Lodge a complaint under the Trade Description
Act 1972.
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 The Patent Act 1983-legislation governing

patent in Malaysia.
 Provide for a system for registration of
patent and utility innovations.
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 The Act specifies, among others, what is meant

by 'patentable invention' and what are not-
patentable.
 An invention is a novel idea which permits in
practice the solution of a specific problem in the
field of technology.
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 In order to be protected by law (patentable),

the invention must be:
- New in the sense that it has not been published
or publicly used. (novelty)
-"Non-obvious" in the sense that it would not
have occured to any specialist in the particular
industrial fields, has such a specialist been
asked to find a solution to the particular
problem; and
- It must be"applicable in industry" in the sense
that it can be industrially manufactured or
used.
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 Upon grant and if annual fees are paid, a

patent is valid for 20 years from the date of
application.
 The owner of a patent has the exclusive rghts
to exploit the patentable invention, assign or
transmit the patent and to conclude license
contracts.
 Infringement proceedings can be instituted
against those who have infringed or are
infringing his patent.
 Exists in original works
 Protects all works that owe their
origin to the expressive efforts of a
writer, composer, artist or other
creative individuals
 Gives the individual the exclusive
right to copy a particular form of
expression of literary, dramatic,
musical or artistic work
 Applies to the expression of an idea, not
the idea itself and belongs to the person
who gives form to the idea –
 Case: Donoghue v Allied Newspapers
 The Copyright Act 1987 – enacted to
make better provisions in the law relating
to copyright and for other matters
connected therewith
Donoghue v Allied Newspapers

Facts: A newspaper reporter interviewed a well-known jockey regarding

his racing experiences and subsequently published articles in his
newspaper with the jockey’s consent. A few years later, the journalist
wanted to publish an abridged version of the articles in another publication.

The jockey objected and sought an injunction on the basis that he owned
the story. The main issue was whether the copyright was in the idea or
finished work.

Held: The injunction was not granted as the copyright was in the finished
work and not the idea itself.

A person may have a brilliant idea for a story, or for a picture, or for a play,
and one that appears to him to be original. However, if that ideas is told to
an author or an artist who produces the work based on the idea, the
copyright belongs to the author or artist who converted the idea into a
finished work. The owner of the idea has no rights in the finished work.
section 3 provides definitions of:
 ‘material form’
 ‘literary work’
 ‘musical work’
 ‘artistic work’
 ‘film’
 ‘sound recording’
 ‘broadcast’

Case: Computer Edge Pty Ltd v Apple Computer Inc

The word ‘copy’ in the law of copyright refers to the literal

copying of a work – altered versions of an original are not
infringements of copyright
 Section 7(1) of the Act provides that
the following works are eligible for
copyright:
– literary works
– musical works
– artistic works
– films
– sound recordings
– broadcasts
 Section 3 defines ‘literary work’ as
including:
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 memorandum
f) lectures, addresses, sermons and other works
of the same nature
g) Tables or compilations, whether or not
expressed in words, figures or symbols and
whether or not in a visible form
h) Computer programmes, but does not include
official texts of the Government or statutory
bodies of a legislative or regulatory nature, or
judicial decisions
musical work’ means any musical
work, and includes works composed
for musical accompaniment – section 3

musical work would cover the lyrics

of songs as well as the music
 artistic works include:
 paintings
 sculptures
 drawings
 engravings
 photographs
 buildings or models of buildings
 other works of artistic craftsmanship

 although the definition is of artistic work, the section

specifically excludes artistic quality as a requirement
– it does not have to be ‘good’ art
 under section 17 – copyright in literary,
dramatic and musical works lasts for
fifty years after the calendar year in
which the author died
 if the work has not been published, performed
or offered for sale before the author dies, the
copyright will last fifty years after the end of
the calendar year in which it was first
published
 where there are two or more authors, the
copyright will last for fifty years after the
death of the last surviving author
 for artistic works, sound recordings,
broadcasts, films, television and sound
recordings and published edition of works –
see sections 18–22
 works of the Government; Government
organizations and international bodies – a
period of fifty years from the beginning of
the calendar year next following the year
in which the work was first published
 rights in a live performance – a period of
fifty years from the beginning of the
calendar year next following the year in
which the live performance was given
 was established pursuant to section 28 of the
Copyright Act 1987
 the constitution of the Tribunal is stated in
section 29
 proceedings before the Tribunal are as set out
in section 30
 matters concerning the Tribunal – see Part V
of the Act
 remedies for infringements and offences – see
Part VI
 Infringement of copyright – if a person reproduces in a material
form, the whole (or even part) of a literary, dramatic, musical or
artistic work that is subject to copyright, without the consent of
the owner: section 36 of the Act
 The civil remedies for infringement of copyright are:
1. Injunction
– restrains the infringement or threatened infringement of
the copyright
2. Damages or an account of profits
– amount of money that will compensate the author for
the loss suffered as a result of the infringement; such as
the fees lost in the unauthorized performance of a
musical work or the loss of sales of a book
 Restriction on importation of infringing
copies – s.39
 Back-up copies of computer programs – s.40
 The courts will therefore make an order
permitting the plaintiff’s representatives to
enter premises to search for and remove
copies of the work or other material or
documents relating to them
 Case: Anton Piller KG v Manufacturing
Processes Ltd
1. Compounding of Offences
 section 41A of the Act
2. Penalty
 section 43 of the Act
3. Enforcement
 PART VII of the Act provides wide powers for
enforcement
 any persons who obstruct searches or the
exercise of powers by the Assistant Controller or
police officer not below the rank of Inspector
shall be guilty of an offence – section 48
Guess if it is Patent, Copyright or Trademark?
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