KUALA LUMPUR – Intellectual property (IP) rights violations have become commonplace in this country, sparing not even products pioneered by local entrepreneurs.
Casualties include Malaysian online entrepreneur and influencer Khairul Aming, whose hugely popular Sambal Nyet, a spicy condiment, was plagiarised by others.
According to media reports, Khairul Aming, whose real name is Khairul Amin Kamarulzaman, has taken action against a trader for copying nearly 90% of the packaging of Sambal Nyet, which he introduced four years ago.
For the record, Sambal Nyet was registered as a trademark with the Intellectual Property Corporation of Malaysia (MyIPO) in November 2021.
In another case, the Kuala Lumpur High Court, in February this year, ruled that Airaz Technologies Sdn Bhd’s Telekung Suqainah Lite imitated and infringed upon the design of Siti Khadijah’s Harmoni Telekung, owned by Siti Khadijah Apparel Sdn Bhd.
Siti Khadijah Apparel had claimed that the actions of Airaz Technologies which sells, advertises and distributes Telekung Suqainah Lite had violated its industrial design rights.
Disrespecting IP rights
Commenting on violations of intellectual property rights, Universiti Sains Islam Malaysia faculty of Syariah and Law lecturer Dr Haliza A. Shukor said some industry players are blatantly disrespecting IP rights despite being aware of laws that protect products with a registered trademark, patent, copyright or industrial design.
“This happens when some people deliberately take the easy way out by imitating or plagiarising the products of others without their permission,” she told Bernama.
She said it has been evident in recent times that people are starting to acknowledge the importance of IP protection but “what is still lacking is the awareness about respecting the intellectual property rights of others”.
As such, campaigns on IP awareness should focus on respecting other people’s IP rights and the legal consequences of copying another person’s creation, innovation or design, she added.
There are different types of IP, namely trademarks, copyrights, geographical indications, industrial designs, patents and integrated circuit layout designs.
Each type of IP is protected by laws that prevent others from using them without permission.
Malaysia has the Copyright Act 1987 which protects creative works such as novels, films, pictures, sculptures and songs; the Trademarks Act 2019 which protects logos or symbols used in trade activities; and the Patents Act 1983 which provides protection for new innovative products.
Under the relevant legislation, an IP owner can file a civil suit in a high court for infringement of any IP. If found guilty, the party concerned may have to pay compensation of tens of thousands of ringgit to the IP owner.
Criminal charges can also be pressed on infringers of trademarks and copyrights if the IP owners lodge a complaint with the Ministry of Domestic Trade and Cost of Living.
Protected by legislation
Haliza said IP protection encourages industry players to compete in the market confidently, knowing their offerings will not be plagiarised by others.
This indirectly helps curb the activities of irresponsible parties seeking unjust enrichment from the sales of imitations.
She also said when entrepreneurs register their original creations with MyIPO, the move will help them protect their products against plagiarism and spur them to enhance their creativity by producing new innovations or designs.
“… and when such a development takes place, the technology transfer process will occur, attracting foreign investors who have the confidence to invest in Malaysia because appropriate laws are in place to provide protection for newly developed innovations,” she added.
MyIPO, under the Ministry of Domestic Trade and Cost of Living, is the sole agency in Malaysia providing IP registration services. MyIPO is also responsible for the administration and development of the IP system.
On the existing laws protecting IP rights, Haliza said they are deemed sufficient, adding the plagiarism prevailing in the market stems from societal support for counterfeit goods.
“It’s a case of when there is demand, supply follows suit,” she said.
Lawyer Ahmad Hafiz Zubir agreed the current laws are adequate. Pointing to the Intellectual Property Corporation of Malaysia Act 2002, he said it has the capacity to curb various IP-related cases including plagiarism, unauthorised use of trademarks and copyright infringement.
According to Ahmad Hafiz, who has handled IP-related cases, IP owners must take immediate action if any infringement of their rights is detected.
“The owners may incur significant costs (in taking legal action) but protecting their intellectual property is just as crucial as safeguarding their business,” he said.
Ahmad Hafiz also said as product innovation increases, the likelihood of imitations flooding the market also increases.
“Intellectual property is an intangible asset… this is why it is difficult to gain the empathy of outsiders to appreciate the importance of protecting it (IP). Only intellectual property owners understand the ‘pain’ of having their products imitated or copied,” he said.
Meanwhile, in alignment with World Intellectual Property Day on April 26, the Malaysian government has gazetted this date as National Intellectual Property Day, with the theme for this year’s celebrations being “Intellectual Property, the Pulse of Malaysia Madani”.
In recognition of Malaysians’ creative and innovative skills, the celebrations are aimed at increasing public understanding and awareness of the importance of IP. – April 26, 2024