MALAYSIA Trends and Developments Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Ashwinathan Selvanathan and Jannah Khairul, LAW Partnership
Intellectual Property Enforcement Against Illicit Alcohol and Copyright Piracy in Malaysia Introduction to intellectual property enforcement in Malaysia Intellectual property (IP) enforcement actions in Malaysia have significantly advanced in recent years, as the country has seen an increase in efforts to combat IP infringement. Amend - ments have been made to key pieces of leg - islation, such as the Trademarks Act 2019 (the “TMA 2019”) and the Copyright Act 1987 (the “CA 1987”), which have provided further clarity to and expanded the rights of trade mark and copyright owners in terms of unauthorised use of their IP. Despite these developments, Malaysia continues to be a significant hub for various IP infringement activities. To provide greater insight into the IP enforce - ment scene in Malaysia, we will explore the cur - rent state of issues involving counterfeit alcohol and copyright piracy within the country, along with their implications and possible solutions to these issues. Trade mark enforcement against illicit alcohol Illicit alcohol can generally be classified into two categories as follows. • Contraband or smuggled products: these are genuine branded products brought into the market unlawfully, bypassing import duties, excise taxes and sales taxes. • Counterfeit products: these are fraudulent imitations which include alcohol manufac - tured using ethanol, low-cost imported spirits or even hazardous substances such as methanol. These products are often misrep - resented as high-quality branded alcohol and are typically produced in unsanitary condi - tions.
Illicit alcohol remains a persistent challenge in Malaysia, posing significant threats to pub - lic health, government tax revenue and the socio-economic landscape. With counterfeiters employing increasingly sophisticated methods, the enforcement of trade mark rights against these illicit activities have become a critical pri - ority for brand owners and enforcement authori - ties. Enforcement laws in Malaysia Illicit trade falls under the jurisdiction of several agencies, with the Multi-Agency Task Force (the “Task Force”) serving as a collaborative platform for co-ordinated and sustained enforcement efforts. The Task Force facilitates the sharing of information between government bodies and industry stakeholders, enabling discussions on measures and policies to combat illicit trade, particularly in tobacco and alcohol. The key legislation relevant to addressing illicit trade includes: • the Customs Act 1967, which covers smug - gling, duty evasion, fraud and the use of counterfeit tax stamps; • the TMA 2019 on counterfeiting and trade mark infringement; and • the Trade Descriptions Act 2011, which focuses on counterfeit products and false or misleading trade descriptions. Other statutes include the Food Act 1983 and Regulations 1985, the Consumer Protection (Electronic Trade Transaction) Regulations 2012 and the Anti-Money Laundering, Anti-Terrorism Financing & Proceeds of Unlawful Activities Act 2001. These laws collectively form the foundation for combating illicit trade in Malaysia, safeguarding
313 CHAMBERS.COM
Powered by FlippingBook