Setting Up of IP Courts : A Step in the Right Direction
Following the recent success of “Lucky” and “Flo”, 2 professionally-trained sniffer dogs which helped the Malaysian Government to bust several pirated optical discs syndicates worth RM 15 million, the Government has taken another big step in enforcing IP rights by setting up IP courts. Malaysia has always been criticized of not giving sufficient enforcement to IP rights, particularly in the area of copyright. At 60%, it has one of the highest rates of illegal software piracy in the Asia Pacific region. In response to the criticisms, the Government has decided to set up IP courts as part of its initiative to give better enforcement to IP rights.
The study on setting up Intellectual Property courts (“IP Courts”) in Malaysia, which include several visits to IP courts in other countries, has finally cultivated. On 17th July 2007, our very first IP court has come into operation. 15 Session Courts in every state have been designated to handle IP cases. Meanwhile, 6 High Courts will sit as “special designated courts” in states with the most number of IP infringements i.e. Kuala Lumpur, Selangor, Johor, Perak, Sabah and Sarawak. Due to the highly complex, technical and constantly changing nature of IP cases, it is reported that judges and court personnel who possess skill and knowledge in IP field will be appointed to ensure they are capable to handle IP cases efficiently. Furthermore, IP savvy judges will also be in a better position to appreciate the IP laws and give sound judgments.
As IP cases usually involve high commercial interests, the problems of delay and lengthy legal proceedings will deter IP right owners to enforce their rights. For instance, a court can take between four months to a year to decide whether to grant an interim remedy application such as injunction. By the time the injunction is granted, the IP right owner would have already suffered losses or the infringer would have disappeared. Last year alone, it is estimated that there were more than 1,600 IP cases filed in courts. Acknowledged the notion of “justice delay is justice denied”, the Government hopes that by setting up the IP courts, it will help to clear the backlog of IP cases and expedite the hearing and resolution of IP cases.
Following the recent success of “Lucky” and “Flo”, 2 professionally-trained sniffer dogs which helped the Malaysian Government to bust several pirated optical discs syndicates worth RM 15 million, the Government has taken another big step in enforcing IP rights by setting up IP courts. Malaysia has always been criticized of not giving sufficient enforcement to IP rights, particularly in the area of copyright. At 60%, it has one of the highest rates of illegal software piracy in the Asia Pacific region. In response to the criticisms, the Government has decided to set up IP courts as part of its initiative to give better enforcement to IP rights.
The study on setting up Intellectual Property courts (“IP Courts”) in Malaysia, which include several visits to IP courts in other countries, has finally cultivated. On 17th July 2007, our very first IP court has come into operation. 15 Session Courts in every state have been designated to handle IP cases. Meanwhile, 6 High Courts will sit as “special designated courts” in states with the most number of IP infringements i.e. Kuala Lumpur, Selangor, Johor, Perak, Sabah and Sarawak. Due to the highly complex, technical and constantly changing nature of IP cases, it is reported that judges and court personnel who possess skill and knowledge in IP field will be appointed to ensure they are capable to handle IP cases efficiently. Furthermore, IP savvy judges will also be in a better position to appreciate the IP laws and give sound judgments.
As IP cases usually involve high commercial interests, the problems of delay and lengthy legal proceedings will deter IP right owners to enforce their rights. For instance, a court can take between four months to a year to decide whether to grant an interim remedy application such as injunction. By the time the injunction is granted, the IP right owner would have already suffered losses or the infringer would have disappeared. Last year alone, it is estimated that there were more than 1,600 IP cases filed in courts. Acknowledged the notion of “justice delay is justice denied”, the Government hopes that by setting up the IP courts, it will help to clear the backlog of IP cases and expedite the hearing and resolution of IP cases.
According to the Domestic Trade and Consumer Affairs Minister Datuk Shafie Apdal, the setting up of IP courts is the real and tangible evidence of Malaysia showing commitment to protect IP rights. He further said that it is hoped that such move will remove Malaysia from being on the international watch list for IP offences. Besides, as Malaysia is a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and other related conventions, the setting up of IP courts is a step to fulfill its international commitments. The former Chief Justice of Malaysia, Tun Ahmad Fairuz Sheikh Abdul Halim said he hoped the new court would receive due recognition from foreign investors. More investors will be encouraged to come to Malaysia since it has specific courts to efficiently deal with IP disputes.
Besides, this is also in line with the Government’s commitment to eradicate piracy and counterfeiting activities in the country. Also, the public may be more aware of the importance of protecting their IP rights. Malaysia’s commitment to IP protection will also help in its ongoing negotiations with the United States on a free trade agreement (FTA) as the US is asking for stronger protection of IP rights.
The IP courts is part of the initiative set out under the National IP Policy in which the Government has decided to allocate RM 5 billion to boost the development and protection of IP. Malaysia aims to become a regional intellectual property hub with measures taken by the Government to beef up the commercialization aspect of IP. The next major step will be to encourage investment, innovation and technological development within the country. The Government also plans to establish an IP academy to be launch in 2009. Therefore, the setting up of IP court is indeed a step in the right direction in the effort to develop a strong IP infrastructure. It also creates a new milestone in the country’s judicial history.
© 2008 Edwin Lee
No comments:
Post a Comment