Where There's A Will, There's A Way!

Malaysia's efforts to put a break on the illegal trade in fake goods within its borders is a shining example of what can be achieved with a good dose of political will. In its endeavor to do battle with the "syndicated crime lords" that are fuelling the alarming global escalation in counterfeiting and piracy, Malaysia has put into place the elements of a robust legislative framework, including a well developed judicial system with specialized intellectual property (IP) courts and an effective IP enforcement strategy. According to Associate Professor Rohazar Wati Zuallcobley, Deputy Director General (Industrial Property), Intellectual Property Corporation of Malaysia (MyIPO), it is the "political will shown by the Minister for Domestic Trade, Cooperative and Consumerism that led to strengthening of Malaysia's enforcement regime" - proof that "Where there's a will, there's way!"

In just three years, Malaysia has succeeded in transforming its IP enforcement landscape, introducing many legislative changes to curb the illegal trade in counterfeit and pirated goods. Various deterrent measures have been introduced in the copyright area. For example, a fine - varying from a minimum of RM2,000 (US$565) to a maximum of RM20,000 (US$5,660) - is applied for each infringing copy or title, and offenders risk being sent to prison for up to five years. Repeat offenders may incur fines of up to RM40,000 (US$11,330) per infringing copy or title.

Border provisions have also been introduced to curb copyright and trademark infringement. These provisions support right holders who seek to stop counterfeit or pirated copies of their IP-protected goods from being imported into Malaysia.

The above measures supplemented legislation passed in 2001 that ensures that counterfeiters and pirates draw no financial benefit from their illegal activities. Under the Anti-Money Laundering and Anti-Terrorism Financing Act passed by Parliament in 2001, violations under the Copyright Act 1987 (Section 41) and the False Trade Description Act of 1972 are classified as serious offenses, triggering the freezing of accounts and seizure and forfeiture of assets.

Strengthening the courts

Within an impressive 12-month period, MyIPO, with the support of WIPO and other partners, set up 15 IP Session Courts primarily for criminal prosecution of cases involving counterfeiting and piracy...