Copyright Tribunal in Malaysia. The New Paradigm

DOI

10.2991/assehr.k.201209.356How to use a DOI?

Keywords

Copyright, Malaysia, Tribunal

Abstract

With the increasing of intellectual property cases in Malaysia, the specialised court;i.e, the Intellectual Property Court is not the only mechanism for access to justice. Due to the advent of alternative disputes resolution, a Copyright Tribunal was introduced, which is the first and only intellectual property statute in Malaysia that provides ADR as the other alternative settlement. This tribunal functions as an alternative forum for interested person to apply for uses of copyrighted works belongs to others and claim relief by any operator of copyright licensing schemes. It was established under the amended Copyright Act 1987 (Act 332) i. e in section 28 of which came into force on the 1st of March 2012. Recently, through gazette notification published on 3 June 2020, the Minister of Domestic Trade and Consumer Affairs has declared that the 1 July 2020 as the date on which the Malaysian Copyright (Amendment) Act 2020 (“Amendment Act”) will come into operation. The new provision section 59c will provide an alternate, cost reducing and time efficient platform for licensing bodies and their members to resolve disputes relating to royalties by providing additional powers to the existing Copyright Tribunal. With this new emergence of the long awaited amendments, the Copyright Tribunal which had not been functioning effectively before, will set to move forward to assist in resolving matters more efficiently in terms of cost, time and at the same time ensuring the interest of all parties involved. This article aims at discussing the needs of Copyright Tribunal in settling disputes between licensing bodies or collecting societies and the members as well as determining issues brought about by users of copyright works (copyright licensee). This article also gives a glance to the establishment of Copyright Tribunal of Australia to observe and learn for improvement.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Nazura Abdul Manap
PY  - 2020
DA  - 2020/12/14
TI  - Copyright Tribunal in Malaysia. The New Paradigm
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 722
EP  - 726
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.356
DO  - 10.2991/assehr.k.201209.356
ID  - Manap2020
ER  -