Malaysia

WIPO-UN ESCAP-UNEP
Regional Workshop On The
Environmentally Safe Disposal
of Intellectual Property Infringing Goods
Bangkok, Thailand
21 – 22 November 2013
COUNTRY REPORT
MALAYSIA
1
REPRESENTATIVES FROM MALAYSIA
Name
Agencies
Designation
Ahmad Dahuri Mahmud
Enforcement Division,
Ministry Of Domestic Trade,
Co-operatives and
Consumerism
(MDTCC)
Deputy Director
General
of Enforcement
Kuljit Singh a/l Ojagar
Singh
Intellectual Property Corporation
Of Malaysia
(MyIPO)
Senior Assistant
Registrar
Amran Daud
Enforcement Division,
Ministry Of Domestic Trade,
Co-operatives and
Consumerism
(MDTCC)
Assistant Director
of Enforcement
3
REPRESENTATIVES FROM MALAYSIA
Name
Agencies
Designation
Mohd Muhaimi Mohamad
Enforcement Division,
Ministry Of Domestic
Trade, Co-operatives
and Consumerism
(MDTCC)
Assistant Officer
of Enforcement
Miss Norazlina Ab. Halim
Department of
Environment
(DOE)
Assistant Director
4
CONTENT
INTRODUCTION
ADMINISTRATION OF IP LAWS
GOVERNMENT AGENCIES INVOLVE IN
ENFORCEMENT OF IP RELATED MATTERS
CHALLENGES & EXPERIENCES IN
THE ENVIRONMENTAL SAFE DISPOSAL
5
INTRODUCTION

THE COMPETENT AUTHORITY FOR INTELLECTUAL PROPERTY
RIGHTS (IPR) ENFORCEMENT IN MALAYSIA IS THE MINISTRY OF
DOMESTIC TRADE, CO-OPERATIVES & CONSUMERISM (MDTCC)
WHEREBY IP LAWS ARE UNDER THE PREVIEW OF
INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA (MyIPO)

JUNE 6, 2007 – GOVERNMENT OF MALAYSIA APPROVED
ESTABLISMENT OF 15 SESSION COURTS & 6 HIGH COURTS
HEARING IP CASES

JULY 17, 2007 IP COURTS ESTABLISHED – SESSIONS COURT (IP)
HEARS CRIMINAL IP MATTERS. HIGH COURT (IP) HEARS CIVIL
CASES AND CRIMINAL APPEAL FROM SESSIONS COURT (IP)
6
INTRODUCTION

MALAYSIA IS MEMBER FOR THE FOLLOWING AGREEMENTS,
CONVENTIONS & TREATIES :I.
THE PARIS CONVENTION 1883 – JANUARY 1, 1989
II.
THE BERNE CONVENTION 1886 – OCTOBER 1, 1990
III.
WIPO CONVENTION 1967 – JANUARY 1, 1989
IV.
TRIPS AGREEMENT 1994 – JANUARY 1, 1995 – END OF
2001 MALAYSIA IP LAWS ARE TRIPS COMPLIANCE.
I.
PATENT COOPERATION TREATY (PCT) – MAY 16, 2006
II.
NICE AGREEMENT 1959 – JUNE 28, 2007
III.
VIENNA AGREEMENT 1973 – JUNE 28, 2007
7
ADMINISTRATION ON IP LAWS IN MALAYSIA






PATENT ACT 1983
TRADE MARK ACT 1976
COPYRIGHT ACT 1987
INDUSTRIAL DESIGN ACT 1996
GEOGRAPHICAL INDICATION ACT 2000
LAYOUT-DESIGNS OF INTEGRATED CIRCUIT ACT 2000

PROTECTION OF NEW PLANT VARIETIES ACT 2004(MOA)

TRADE DESCRIPTION ACT 2011 – (MDTCC)
8
GOVERNMENT AGENCIES INVOLVE IN
ENFORCEMENT OF IP RELATED MATTERS

ENFORCEMENT DIVISON - MINISTRY OF DOMESTIC
TRADE, CO-OPERATIVES & CONSUMERISM

ROYAL MALAYSIAN CUSTOMS –
BORDER & EX-OFFICIO, ENFORCES
(TMA 1976, CRA 1987, TDA 2011, ODA 2000)

POLICE – EX-OFFICIO, ENFORCES
(CRA 1987, TDA 2011, ODA 2000)

AGC & MDTCC - PROSECUTORS
9
AGENCIES AND LEGISLATION RELATED TO SEIZURE,
STORAGE AND DISPOSAL OF COUNTERFEIT GOODS
Name
Agencies
Legislation
Counterfeit Goods
Domestic Trade, Co-operatives
and Consumerism
Trade Descriptions Act 2011
Royal Malaysian Customs
Customs Act 1967
Pirated Products
Optical Discs
(CD/DVD/Blue Ray)
Domestic Trade, Co-operatives
and Consumerism
&
Royal Malaysian Police
Copyright Act 1987
Hazardous waste
(scheduled waste)
Ministry of Natural Resources
and Environment
Environmental Quality Act 1974
10
COPYRIGHT ACT 1987
• Infringement of copyright
Minimum penalty US$600 (RM2,000) per infringing copy or
5 years imprisonment
Maximum penalty US$6,200 (RM20,000) per infringing
copy or 10 years imprisonment
11
TRADE DESCRIPTIONS ACT 2011
•Section 5(1) – Any person who (a) applies a false trade description to any goods;
(b) Supplies or offers to supply any goods to which a false trade description
is applied; or
(c) Expose for supply or has in his possession, custody or control for
supply and goods to which a false trade description is applied.
• Offence – not exceeding RM 500,000.00 and imprisonment not
exceeding 5 years or both.
12
TYPES OF COUNTERFEIT GOODS SEIZED
13
TYPES OF COUNTERFEIT GOODS SEIZED
14
TYPES OF COUNTERFEIT GOODS SEIZED
15
DISPOSAL CEREMONY
16
DISPOSAL CEREMONY
17
DISPOSAL CEREMONY
18
DISPOSAL CEREMONY
19
DISPOSAL CEREMONY
20
DISPOSAL CEREMONY
21
DISPOSAL CEREMONY
22
DISPOSAL CEREMONY
23
DISPOSAL CEREMONY
24
DISPOSAL CEREMONY
25
STATISTICS OF COUNTERFEIT GOODS SEIZED
(2000 – OCT 2013)
Cases
Value Seized
Compounded
Fined
34687
USD 113.9 M
USD 4.1 M
USD 10.6 M
26
METHODS OF DISPOSAL

Destroyed

Hazardous material categorized as scheduled
wastes under Environmental Quality
(Scheduled Wastes) Regulations 2005 –
consult Department Of Environment
for proper disposal
27
ENVIRONMENTAL QUALITY
ACT 1974
 Section 34B - Prohibition against placing, deposit, etc. of
scheduled wastes
“No person shall:
a) place, deposit, or dispose of, or cause or permit to place, deposit or dispose of,
except at prescribed premises only, any scheduled waste on land or into
Malaysian waters;
b) receive or send, or cause or permit to be received or sent any scheduled wastes
in or out of Malaysia; or
c) Transit or cause or permit the transit of scheduled waste,
Without any prior written approval of the Director General of DOE
Offence – not exceeding RM 500,000.00 and imprisonment not exceeding 5 years
28
MANAGEMENT OF HAZARDOUS WASTE IN MALAYSIA
Governed under Environmental Quality Act 1974 (EQA 1974) and
Subsidiary Legislations. Regulations under EQA 1974 regarding
management of scheduled wastes includes:
 Environmental Quality (Scheduled Wastes) Regulations 2005
 Environmental Quality (Prescribed Conveyance) (Scheduled
Wastes) Order 2005
 Environmental Quality (Prescribed Activities) (Environmental
Impact Assessment) Order 1989
 Environmental Quality (Prescribed Premises) (Scheduled Wastes
Treatment and Disposal Facilities) Regulations 1989
 Environmental Quality (Prescribed Premises) (Scheduled Wastes
Treatment and Disposal Facilities) Order 1989
29
ENVIRONMENTAL QUALITY
(SCHEDULED WASTES) REGULATIONS 2005
Scheduled Waste means any wastes falling within the category of waste
listed in the First Schedule, Environmental Quality (Scheduled Waste)
Regulations 2005

have been categorised based on type of waste.

Currently, there are 77 categories of scheduled wastes which are
grouped into 5.

This includes e-wastes, used oil, clinical waste, sludges from
wastewater treatment plant containing heavy metal, used solvent,
used lead acid batteries, waste containing PCB, of spec chemicals,
wastes from the production, formulation trade or use of pesticides,
herbicides or biocides, etc.
30
EXAMPLES OF HAZARDOUS WASTE
31
‘CRADLE TO GRAVE’ PRINCIPLE
Waste Generator
Cradle
Wastes
Waste
Transporter
Wastes
Recovery or Treatment
Facilities
Waste
Transporter
Residue
Waste
Transporter
Disposal Facilities
Grave
32
BASEL CONVENTION
 The Control of Trans-boundary Movements of
Hazardous Waste and their Disposal
1
To confirm
willingness
to accept
Country A 3
Wastes Transfer
Country B
Approval
2
33
Basel Convention:
 ractified on 8th October 1993
 Legal and institutional measures:
 Section 34B, EQA 1974 on control of scheduled waste
 Customs (Prohibition of Export) Order 1998 (Amendment
2008)
 Customs (Prohibition of Import) Order 1998 (Amendment
2008)
 DOE Malaysia is designated as the competent authority
 Export / import through Customs shall be accompanied by a permit
issued by DOE
34
DISPOSAL FACILITIES
FOR HAZARDOUS WASTE

Kualiti Alam Sdn Bhd, Bukit Nanas, Negeri
Sembilan – all scheduled waste except clinical
waste, radioactive waste and explosive waste

Trienekens (Sarawak) Sdn Bhd– all scheduled
waste except clinical waste, radioactive waste
and explosive waste

For clinical waste – Faber Medi-Serve Sdn Bhd,
Pantai Medivest Sdn Bhd,
Radicare (M) Sdn Bhd

Recovery or waste utilization of scheduled
waste – at premises licensed by DOE
35
DISPOSAL OF OZONE
DEPLETING SUBSTANCES IN MALAYSIA
 Legislation: Environmental Quality
(Refrigerant Management) Regulations 1999
 Disposal of unwanted gas – Kualiti Alam Sdn Bhd or
Trienekens Sdn Bhd
36
THANK YOU
Q&A
37