Malaysia China Entrepreneurs_VO.2

Charlie Ng Zheng Hui

A member of the Malaysian Bar
LL.B (UKM)
LL.M (Tsinghua University)

SEVERAL LEGAL ISSUES RELATED TO COPYRIGHT PROTECTION 法律专栏
IN MALAYSIA: WHAT YOU NEED TO KNOW

Copyright protects creative expression that has been fixed in a (b) The distortion, mutilation or other modification of the work if 2018 AUTUMN VOLUME 0 2
tangible medium of expression. It protects a creator’s exclusive it significantly alters the work and might reasonably be
right to control who reproduces or alters the products of their regarded as adversely affecting the author’s honor or
original creative effort such as articles, photographs, drawings, reputation.
designs, models, websites, computer software etc. In the
following, the author will share his knowledge on how to protect 3. Is there a system of registration of copyright in
copyright of the creator in Malaysia. Malaysia?

1. What are the laws regulating copyright in Malaysia? Like in China, copyright arises in Malaysia as soon as an original
The primary legislation is the Copyright Act 1987 (the CA 1987) work is created, even in most cases where the work is created
and its attached regulations which include but not limit outside of Malaysia. Copyright arises on the date the original
to Copyright (Licensing) Regulations 2000 and Copyright work is created. For example, if you create a new artistic product
(Application to Other Countries) Regulations 1990. in China, you automatically enjoy copyright protection in Malaysia
as soon as you create the product. There is no requirement to
2. What are the works that may or may not be protected register a copyright in order for it to be effective and enforceable
in Malaysia? Are moral rights being recognised? in Malaysia; however, the enforcement process is made much
easier with a registered copyright.
Under the CA 1987, copyright will subsist in a work if: (a) is
original; (b) is reduced to material form; (c) belongs to one of the Although there is no compulsory system for registration of
categories of protected works such as literary works, musical copyright in Malaysia, there is a voluntary notification mechanism
works, artistic works, films, sound recordings or broadcast; and for copyright works. The notification of copyright is to be made
(d) is being created by a qualified person. The CA 1987 defines by a citizen or a permanent resident of Malaysia. Non-citizens
“qualified person” as a person who is a citizen or permanent or permanent residents of Malaysia need to appoint a
resident of Malaysia or a body which is vested with a legal representative who is a citizen or a permanent resident of
personality under the laws of Malaysia. Malaysia in order to have the notification made. While it is not
required by law, the © symbol is always recommended for use
Examples of works that are excluded from copyright protections on both registered and unregistered works.
include private study and research; criticism or review; reporting
of current events; and mathematical concept. Yes, moral rights 4. For how long is copyright protected?
are recognized by the CA 1987 which provides that where The period of protection for the economic rights (the right to
copyright subsists in a work, no person may without the consent exploit the work for economic gain), is generally 50 years from
of the author or his personal representative (in the event the the date of creation or publication, or in the case of individuals,
author is dead) carry out or authorize any of these acts: the lifetime of the author plus 50 years. The protection period
(a) The presentation of the work by any means whatsoever for all other moral rights such as the right of attribution of
authorship, the right to alter the work, and the right to preserve
without identifying the author or under a name other than the integrity of the work is forever.
that of the author; and

MALAYSIA CHINA ENTREPRENEURS 49

LEGAL COLUMN 5. How does a transfer or an assignment of ownership (h) Manufactures, imports or sells any technology or device for
of a copyright work usually take effect in Malaysia? the purpose of the circumvention of technological protection
2018 AUTUMN VOLUME 0 2 measure
Copyright is transferable by assignment, testamentary
disposition or by operation of law, as movable property. However, (i) Removes or alters any electronic rights management
no assignment or licensing of copyright shall have effect unless it information without authority; or
is in writing.
(j) Distributes, imports for distribution or communicates to
6. What remedies that are available against a copyright the public, without authority, works or copies of works
infringer? in respect of which electronic rights management
information has been removed or altered without authority.
The usual civil remedies of damages, injunction, account of
profits, delivery up etc. are available. Additionally, the court Upon conviction, the offender will be liable to a fine,
may, having regard to the flagrancy of the infringement and the imprisonment or both.
benefit accrued to the defendant by way of the infringement, 10. Is there any particular suggestion can be given
award additional damages.
to copyright owner so to better control copyright
7. Is there any time limitation in which a civil action infringement?
must be commenced? Copyright owners in Malaysia may employ a mix of strategies to
control copyright infringement, including:
The statute of limitations for bringing a civil copyright (a) Employing technological protection measures to frustrate
infringement claim is six years. It is measured from the time the infringement;
claim accrued. (b) Policing the market to identify infringements, including
sometimes by hiring specialized contractors to identify
8. Can legal costs such as lawyer’s fee be claimed from online infringements;
the defendant in an action for copyright infringement? (c) Sending ‘cease and desist’ letters demanding that infringers
stop infringing activity;
A successful litigant may not recover his lawyer’s fees from the (d) Bringing civil actions to pursue the remedies described in
defendant as of right. The general rule is that the courts may question 6; and
order the losing party to compensate the successful litigant his (e) In appropriate circumstances working with law enforcement
costs, but the decision to award costs is at the discretion of the authorities concerning possible criminal enforcement.
court. The amount of costs to be paid by the losing party is taxed
by the registrar on a party and party basis. Thus, a successful Conclusion
litigant does not usually recover the full litigation costs incurred
but what, in the eyes of the court, is a reasonable sum. Although copyright is automatically granted and may
be seemingly unimportant to some companies, copyright
9. Is there any criminal offence relating to copyright infringement of product images, website content, photos,
infringement? brochures, customer database, etc. of a company can still
lead to brand dilution, lost customer loyalty and lost profits.
The CA 1987 penalizes the following activities relating to Therefore, companies should take proactive measures to
copyright infringement: identify all of their existing copyrights, prioritize them and
(a) Makes for sale or hire any infringing copy; register the ones they consider most important to their
(b) Sells, lets for hire or by way of trade, exposes or offers for sale business. In addition, it is strongly recommended that the
companies should review their employee and commissioned
or hire any infringing copy; work contracts to ensure it is clear who the copyright
(c) Distributes infringing copies; belongs to. This will help avoid potential copyright disputes
(d) Has in his possession, custody or control, otherwise than for and licensing issues in the future.

his private and domestic use, any infringing copy;
(e) By way of trade, exhibits in public any infringing copy;
(f) Imports into Malaysia, otherwise than for his private and

domestic use, an infringing copy;
(g) Makes or has in his possession any contrivance used or

intended to be used for the purposes of making infringing
copies;

Disclaimer: The content of this articles represents only the author’s own point of view.
It is for reference only and does not constitute legal advice on any specific issues.

50 MALAYSIA CHINA ENTREPRENEURS

马中友好合作

马资源 2018 AUTUMN VOLUME 0 2
打造绿色梦想家园

马资源（MRCB）是马来西亚一家规模庞大、实力与 碧湖名邸豪华公寓由两座55层楼的高级公寓组成，
口碑兼具的政府关联企业，自1971年开始在吉隆坡 共计752个单位。项目注重保安设施，绿化与大自然
交易所挂牌上市（MRCB:1651）。马资源也是一家具 元素的公设及私人高级会所。
备开拓性思维与活力的开发商，其发展经验丰富、
建设项目繁多，其中包括大型交通枢纽计划、城镇 吉隆坡中环公馆
发展，范围包括住宅与商业项目等。在综合性发展项
目的领域中，马资源一直是公认的先驱和领导者。 吉隆坡中环的最新地标-Sentral Suites正拔地而起，
并逐渐成为城市新贵的生活中心，媲美国际都市风
马资源项目之碧湖名邸 范。凭藉Sentral Suites的先天条件，开启您国际投
资之路。
水光潋滟晴方好，山色空蒙雨亦奇。欲把西湖比西
子，淡妆浓抹总相宜。吉隆坡中环碧湖名邸, 位于吉 吉隆坡中环，国际级核心地段，不仅是全马最大的
隆坡中环广场， 坐拥素有吉隆坡小西湖美称的-吉隆 交通枢纽、通往世界各地之门庭，也是令人瞩目的
坡湖滨公园 (Lake Garden) 与豪华六星级瑞吉酒店 核心商务中心。这里设施完善，尽享便利，是首选
为邻。绝版地段，是名副其实的世家名府。 的宜居之地。汇聚繁忙的7条城际轨道交通线路，每
天平均客流量达15万人次。与紧邻的5家豪华酒店、
吉隆坡中环-碧湖名邸豪华公寓的生活灵感与升级享 现代写字楼、高级住宅以及生活类大型购物广场
受、国际一流水准的典雅设施与宽敞的服务式公寓 Nu Sentral，均只有一步之遥。吉隆坡中环公馆不仅
单位，是专为品味超然、眼光独到的人士而设。 是活力四射的城中之城，更是名副其实的国际社区
缩影。
以150年历史的吉隆坡湖滨公园及吉隆坡市中心为背
景，碧湖名邸能让你坐拥并俯瞰都市全景，享受位 创新的社区生活，让吉隆坡中环Sentral Suites 颠
于市中心所迎来的各项优势：将闻名世界的双峰塔 覆传统设计概念，赋予流畅的空间，打造国际生活
尽收眼帘，双峰塔毗邻的城中城公园绿肺，国际级 质感。
水准的大型购物广场，如太阳广场、柏威年购物天
堂，以及武及免登购物区。

MALAYSIA CHINA ENTREPRENEURS 51

COOPERATE COLUMN 吉隆坡帝丽雅高级公寓拥有这一切。它是9Seputeh
综合发展项目的其中一环，位于吉隆坡交通枢纽附
近的Mid Valley谷中城商区，该地区是本地中高层居
民聚集区。一站即可到达吉隆坡中环KL Sentral，有
10条公共轨道，还可换乘机场快轨直达国际机场；
距交通枢纽大马城仅5分钟路程。

吉隆坡帝丽雅高级公寓作为大型生活社区综合体，
项目包括学院教学楼、写字楼，商店，大型卖场，
轻轨车站及河滨公园，将为该地区提供一个完善物
业配套的优质公寓。适合给父母养老居住，有河滨
公园可以跳广场舞，有社区医院检查身体，还有教育
机构给孩子上学，大型卖场走路就到。生活便捷，空
气清新，非常适合“候鸟式”异地养老。

2018 AUTUMN VOLUME 0 2 Sentral Suites推行个体与群体生活交流理念，故而
打造这片专区，让居民不仅享有私人宁静空间，也
体验丰富社区生活。 为方便居民出入，马资源在此综合发展计划旁兴建了
一条高架桥衔接至新班底大道(New Pantai Expressway，
- 15座空中观景台 &15座空中花园 简称NPE)，以及一座有盖行人天桥接驳至建议中的
- 50米无边际泳池与家庭泳池
- 烧烤区 单轨列车站。此综合发展计划也衔接至吉隆坡各主要
- 桑拿浴
- 户外与室内健身设施 大道，毗邻著名的购物商区，学府区及医疗中心。
- 太极晨练区与足部按摩径道
- 瑜伽练习区
- 露天水压按摩池
- 篮球场
- 社区共享早餐区
- 底楼与1楼设有多个商业店铺提供餐饮

帝丽雅高级公寓 马资源中国区总代理JLS Advisory Sdn Bhd公司总裁
刘千源女士（上图）表示他们将继续拓展中国市场，
低密度高级私人住宅 推介更多优质项目给顾客，并致力于长期促进马中
每栋楼专属大堂接待处 两国人民友好合作与交流。
三重保安设施，无后顾之忧
52种不同设施包含不同主题空中花园

52 MALAYSIA CHINA ENTREPRENEURS

马中友好合作

MRCB, THINKING GREEN, DOING GREEN 2018 AUTUMN VOLUME 0 2

MRCB is a leading urban property developer, with a large Now Kuala Lumpur Sentral CBD is an exclusive urban
portfolio of successful integrated commercial and residential centre built around Malaysia’s largest transit hub,
developments anchored around transportation hubs. offering global connectivity, excellent investment
MRCB was the pioneer of Transit Oriented Development opportunities, business convenience and an international
(“TOD”) in Malaysia, through its flagship and award lifestyle. It was granted the ‘XKL’ Global Destination Code
winning Kuala Lumpur Sentral CBD project, which has by the International Air Travel Association (IATA) with
attracted some of the world’s leading corporations as check-in facilities, enabling quick access to the airport
tenants due to its excellent transportation connectivity. and various destinations around the world. At present,
Sentral Suites @ KL Sentral CBD more than 180,000 commuters pass through Stesen
With Q Sentral and St Regis Hotel & Residences towers Sentral every day.
already completed in Q1 2016, and The Sentral Residences At the nucleus of this premier development is the RM1.1
by end 2016, this city-within-a-city TOD is at 85% billion world class transportation hub, Stesen Sentral
completion. Kuala Lumpur (SSKL), the winner of the FIABCI – Malaysia
As an example of innovative design, planning and Award of Distinction 2002 and finalist for FIABCI
execution, the Kuala Lumpur Sentral CBD development is International Prix d’Excellence 2003. Its infrastructure
unique and the first of its kind in Malaysia; a mixed supports six rail networks – the KLIA Express Rail Link,
development centralised around an integrated transport KLIA Transit, RAPID KL (Putra), KTM Komuter, KTM
hub. A project like the Kuala Lumpur Sentral CBD is what Intercity and KL Monorail and the upcoming MRT line,
defines MRCB’s competitive edge. demonstrating its excellent global connectivity and
access within an integrated and self-contained live, work
and play environment.

MALAYSIA CHINA ENTREPRENEURS 53

COOPERATE COLUMN Rooftop Gardens on each tower with different theme and
total 3 acres of green space.There are CCTVs and covered
parking spaces as well. The condominium is under
24-hour security supervision.
Amenities near this apartment include shop lots,
restaurants, clinics, banks, mosques and petrol stations.
Also, schools such Vikas International School, SJKC
Choong Wen, SJKC Yuk Chun, Kuen Cheng Primary & High
School and Alice Smith International School are readily
available nearby. Anywhere from residence in any of the
suite is just a short drive to Mid Valley Megamall, The
Gardens Mall, Nu Sentral Mall, Bangsar Village 1 & 2,
Bangsar Shopping Centre and Pantai Medical Centre.

2018 AUTUMN VOLUME 0 2 Sentral Suites serviced apartment is the latest residential Tria Seputeh is accessible via Jalan Telok Datok, Off Jalan
located in the new generation CBD - KL Sentral – home to Klang Lama with smooth connectivity to Federal Highway
Malaysia’s largest transportation hub. This is where 6 and New Pantai Expressway (NPE). You can be assured
rail-networks pass through on a daily basis, serving an that quite many buses and taxis service this area.
average of 160,000 commuters. This is also where a Seputeh and Angkasapuri KTM gas stations are within
myriad of established amenities are all interconnected easy reach. A dedicated link bridge to the NPE as well as
and within walking distance. With 5 international hotels, a dedicated covered link bridge to the proposed monorail
sleek office towers, luxury residences and the NU Sentral station is made available for easy access.
lifestyle shopping mall, KL Sentral is more than just a focal Ms. Jenny Liu (Above photo), CEO of JLS Advisory Sdn
point of lifestyle-centric activities. Sentral Suites enjoys a Bhd, the general sales agent of MRCB for China market
truly central location within the thriving metropolis of KL said that they will Continue to expand the Chinese
Sentral. market, promote more quality projects to customers,
Surrounded by many established amenities, a home at and commit to long-term promotion of the people of
Sentral Suites is a world of convenience. This ranges from Malaysia and China Friendly cooperation and exchanges.
shopping to financial institutions, from educational
institutions to restaurants, and from medical centres to
public transportation.Sentral Suites is also easily accessible
via a network of roads and highways that connects to
other parts of the city. These include Jalan Duta, Jalan
Travers, Jalan Bangsar, Mahameru Highway, Damansara
Highway (SPRINT), Federal Highway and New Pantai
Expressway (NPE).
The residential units at Sentral Suites are designed to
cater to the needs of various lifestyle requirements.
Ranging from single room units right up to dual-key
configurations with smart solutions for multi-functional
spaces. The flexibility gives rise to many possibilities for
personal space planning, even for extended families.

Tria Seputeh is another new phase of 9 Seputeh, which is
situated along Jalan Klang Lama nestled between the
bustling cities of Kuala Lumpur and Petaling Jaya. Tria
Seputeh comprised of one 38-storey block and two
34-storey block services apartments serving a total
number of 734 units. The built-up size of the condominium
units in Tria Seputeh measuring from 764 sq.ft. to 2,874
sq.ft. This development will have 52 facilities including

54 MALAYSIA CHINA ENTREPRENEURS

INFINENCE 首次于“2018吉隆坡时尚周”合作 马中友好合作

（吉隆坡9日讯）海鸥直销有限公司旗下的 为期5天的吉隆坡时尚周是从8月8日至12日在柏 2018 AUTUMN VOLUME 0 2
Infinence品牌首次与2018吉隆坡时尚周合作， 威年商场举行；Infinence 品牌此次也在活动上
成为活动支持伙伴，并在会上展示了其品牌即 展示了该品牌即将推出最新的3个流行系列
将推出最新的3个流行系列（Ready-to-Wear）。 （Ready-to-Wear），即基本系列、假日系列和
奢华系列。
海鸥集团董事经理陈景岗表示，双方的合作印
证了Infinence品牌在时尚领域上迈进了一个新 陈景岗表示，该公司计划在今年的下半季和
的里程碑，该品牌成立至今少于2年，不过他们 2019年的上半季分段推介这3个时装系列，预计
会继续通过卓越的产品为顾客提供更优质的生活 第一个系列将在来临的9月面市，并呼吁有兴趣者
体验，他们有信心该品牌会持续在时尚界推动。 可以透过品牌官方Instagram @infinenceofficial
得知有关于他们时装系列的消息。
由陈景岗创办，时尚设计大师拿督周仰杰
（Datuk Jimmy Choo）带领的Infinence 品牌 此外，Infinence品牌也将会为2名进入于8月10
是于2016年年底正式成立，也曾于时尚界多个 日举行的“吉隆坡时尚周 X 2018亚航寻找伸展
知名品牌合作如：Rizman Ruzaini（著名设计马 台设计师”决赛的参赛者提供各1万令吉奖金，
来女性头巾）及Nur Fazura（著名马来艺人）。 及其品牌将于2019年推出的胶囊系列（Capsule
Nur Fazura 也是Infinence 品牌鞋子和手提包 Collection）。“活动的目的是为了要透过提
的代言人。 供平台让他们去展示自己才能和作品，从而培
养有潜能的设计师。”

MALAYSIA CHINA ENTREPRENEURS 55

COOPERATE COLUMN INFINENCE COLLABORATES WITH KUALA LUMPUR
FASHION WEEK 2018 FOR THE FIRST TIME

2018 AUTUMN VOLUME 0 2 KUALA LUMPUR (August 9, 2018) – Infinence, the fashion in 6 tops, 3 bottoms and 3 dresses. This collection is
& lifestyle brand under Sahajidah Hai-O Marketing Sdn suitable for those who love minimalism with a twist of
Bhd, collaborates with Kuala Lumpur Fashion Week 2018 charm.
for the very first time as the Supporting Brand for the For the Holiday Collection, it’s all about lovely prints and
event and showcases three Ready-to-Wear Collections florals that are sure to make the heart skip a beat. This
on the runway. collection comes in 3 tops, 3 bottoms and 3 dresses. An
Created by Founder Mr. K.K. Tan and inspired by interna- ideal collection for the warm but carefree fashionistas
tional renowned fashion icon Professor Datuk Jimmy who want to add a little sunshine and colourful prints to
Choo, Infinence, a luxury fashion & lifestyle brand, was their wardrobe.
launched at the end of 2016. It has since collaborated Sleek, modern and chic, the Luxe Collection is unique in
with several A-list names in the fashion industry such as style, giving the collection a touch of class and sophistica-
Professor Datuk Jimmy Choo as the brand consultant, tion. The Luxe Collection comes in 2 tops, 2 bottoms and
famous designers Rizman Ruzaini who designed beautiful 3 dresses, suitable for those who want an elegant and
hijab collections for Infinence, and famous artiste Nur graceful look.
Fazura, who is the ambassador for Infinence Shoe & Bag “Our plan is to launch these 3 collections at 3 different
Collections. stages throughout the second half of 2018 till the first
“As this is Infinence’s inaugural collaboration with KL half of 2019. Announcements of the launching of these
Fashion Week, it also marks a new milestone for collections will be made through our official Instagram
Infinence in taking a big leap in the industry. We have account at @infinenceofficial in the near future,”
only been around for less than 2 years, but we are commented Mr. K. K. Tan.
confident that Infinence will continue to gain greater On a side note, Infinence will also be rewarding two
momentum in the fashion scene by delivering quality finalists from the KLFW X AirAsia Runway Ready Designer
lifestyle experience through exceptional premium Search 2018 with RM10,000 cash prize each, together
products,” said Mr. K. K. Tan. with a capsule collection for Infinence in 2019 during the
Besides being the Supporting Brand of KLFW2018 grand finale on 10 August at Pavilion, Kuala Lumpur.
throughout the 5-day event from 8 – 12 August 2018, Infinence’s mission is to nurture and develop potential
Infinence also participates in the fashion show by and emerging designers by providing them with the
showcasing three Ready-to-Wear Collections that will be support to showcase their talent and collections. The
made available after the event. The three collections are: brand is committed to incubating talents with a huge
Basic Collection, Holiday Collection & Luxe Collection. platform that comes with unlimited opportunities,
Designed with simplicity and style in mind, the Basic various exciting activities and valuable exposure to a
Collection is the ultimate elevated basic wear that comes ready, vibrant market.

56 MALAYSIA CHINA ENTREPRENEURS