Intelectual Property Right Assignment

The Question

Discuss the issues associated with Intellectual Property Rights (IPR) as it is applied in our country, paying special attention to the rights and duties of software developers (local and international) and users. Try to develop ethical principles that will help to protect the rights and enforce the duties of both software users and software developers.

Introduction

The Malaysian law provides Intellectual Property protection to both domestic and foreign companies. Intellectual property protection consists of patents, trademarks, industrial designs and copyright. Malaysia is a member of the World Intellectual Property Organization (WIPO) and a signatory to the Paris Convention and Berne Convention which govern intellectual property rights.

Malaysia has also signed the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) under the auspices of the World Trade Organization (WTO). Malaysia's intellectual property laws are in conformance with international standards and have been reviewed by the TRIPs Council periodical.

Prior to 1983, intellectual property rights (IPR) in Malaysia was administered by Pejabat Cap Dagangan dan   Jaminhak. This Office changed its name to Pejabat Cap Dagangan dan Paten in 1983 and was placed    under the jurisdiction of the then Ministry of Trade and Industry.

On 27 October 1990, the Ministry was restructured and the office was placed under the Ministry of Domestic Trade and Consumer Affairs which is now known as Ministry of Domestic Trade, Co-operative and Consumerism and changes its name to Intellectual Property Division. The Division was tasked to administer Patent Act 1983, Trade Marks Act 1979 and Copyright Act 1987.

The Industrial Designs Act 1996 came into force in 1999, followed by the Layout-Designs of Integrated Circuits Act 2000. In 2001, the Geographical Indications Act 2000 came into force.

To respond to the development of intellectual property at domestic and global...