The Minister of Domestic Trade, Cooperatives and Consumerism told about the various law amendments with the objective of eliminating piracy.

 

The Minister of the Domestic Trade, Co-operative and Consumerism Ministry, Datuk Seri Ismail Sabri Yaakob disclosed that the Copyright Act 1987 will be amended to make having in possession of infringing copies of copyright works equivalent to keeping stolen goods. The Ministry hopes to table the amendment in the next Parliament sitting in June.

 

The Minister also informed that the Trade Descriptions (Optical Disc Label) Order 2010 has recently been enforced, i.e. on 7 May 2010. The Order requires every optical disc supplied for commercial purposes to be affixed with an optical disc label. This applies to both pirated and original discs. According to the Minister, copyright ownership is no longer the main proof for a conviction under the Order.

 

The introduction of the Trade Descriptions (Optical Disc Label) Order 2010 has the effect of revoking the Trade Description (Original Label) Order 2002 [P.U. (A) 518/2002]. Paragraph 2 of the Order 2010 defines optical disc as those listed in the First Schedule. The optical discs listed in the First Schedule are compact disc-audio (CD-A), compact disc-video (CD-V), compact disc-read only memory (CD-rom), compact disc-interactive (CD-I), compact disc-photo (CD-p), digital versatile disc (DVD), blue-ray disc (B-RD), laser disc (LD) and mini disc (MD).

 

Paragraph 4(1) of the Order 2010 requires that every optical disc with content which is supplied or offered for supply in the course of trade or business to be affixed with an optical disc label. Any person who fails to comply with the requirement is guilty of an offence under paragraph 4(4) and may be liable to a maximum fine of RM100,000 or a maximum jail term of 3 years or both. The punishment increases to a maximum fine of RM200,000 or a maximum jail term of 6 years or both for a second or subsequent offence. If the offender is a body corporate, the punishment is a maximum fine of RM250,000 and a maximum fine of RM500,000 for a second or subsequent offence, as provided in paragraph 4(5) of the Order.

 

Paragraph 5 in general deals with the application and approval for optical disc label as necessitated by paragraph 4. Paragraph 5(9) and (10) respectively prescribes the offence of any person or body corporate providing false and misleading information for the application is liable for an offence. If convicted, a person is subject to a maximum fine of RM100,000 or a maximum jail term of 3 years or both, or a maximum fine of RM200,000 or a maximum jail term of 6 years or both for a second or subsequent offence. If the offender is a boy corporate, it will be liable for a maximum fine of RM250,000, or RM500,000 for a second or subsequent offence.

 

korea copyright commission

Malaysia correspondent