We often hear that Malaysia needs to improve its enforcement of Intellectual Property (IP). Just recently, the US Ambassador to Malaysia made this call. So, what exactly does “better enforcement” entail?
For one, it requires more effective courts and by that I mean
Faster court procedures and
Specialised IP judges.
Legal proceedings in Malaysia are known to take a long time and justice delayed is justice denied. Surely the courts are aware that while the case is pending and the IP owner can do nothing but wait, the infringers are not waiting – they are busy “making hay while the sun shines”. By the time the case is finally heard the infringer would have disappeared or wound up his operations, leaving the IP owner with nothing to claim. When it comes to enforcement, time is of the essence.
Having specialised IP judges is another key component of better enforcement. IP can be a complex subject matter and the lack of IP judges results in slower court proceedings and sometimes questionable decisions. IP judges would also better appreciate the gravity of IP infringement and be more willing to apply the full penalties under the law to deter future infringers.
In this connection the establishment of an IP court in Malaysia will be welcomed and I hope that it will happen soon.
Posted by: John Chong on 10/10/2005 10:21:55 AM