Intellectual Property Research Paper

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Intellectual Property (IP) is generally a term that used for human innovation and creativity that is able to be protected under national legislation and international treaties. The national legislation is means by a system of rules that a country or a community recognizes them as an action regulator of its members and may enforce by the imposition of penalties. However, an international treaty is means by the formally concluded and ratified agreement between the countries.

Furthermore, Intellectual Property (IP) rights are recognized exclusive rights to the creation of minds legally which have both moral and commercial value. Under these IP law, the owners or the author of an intellectual creation are granted certain exclusive right for …show more content…

For the symbol ©, it is accompanied by the person’s name claiming copyright and the year of first publication, and sometimes, terms and conditions of use. This kind of notification is mainly used to inform the public about a claim to copyright and also to warn off any infringers.

There is a long duration for the copyright protection. Usually, for many cases, the copyright term is the author’s life plus with 50 years. However, for the copyright work such as cinematographic, photographic works or the works created by a company or an organization, the term is the 50 years after the first publication.

In Malaysia, this copyright protection is governed by the Copyright Act 1987 which protect for the copyrightable works comprehensively. The Act gives an outline on the nature of works that qualified for copyright (which includes computer software), the scope of protection, and the manner in which the protection is accorded.
There is no such a system of registration for copyright in Malaysia. Upon the creation of certain work, it exists …show more content…

In this case, for example, an offender was being fined RM7.3 million besides ordered to serve a jail sentence for three years in last year January. However, in one remarkable exception in last year December, a trader was found guilty by the Sessions Court in Putrajaya, who had been charged with possession of 6,500 copies of pirated music recordings in 2008,
He undergo a fine of RM13 million (which is equivalent to RM2, 000 per infringing copy) or a jail term of two years in default. This extremely huge fine is now still pending on appeal to a higher court. On the other hand, China is a signatory to the Berne Convention on copyright which is different from Malaysia. The copyright legislation in China is based on China’s 1990 Copyright Law which amended in 2001 and the Copyright Implementing Regulations of 2002. Same as Malaysia, the copyright in China has no requirement to register. However, by registering the copyright with the State Copyright Bureau, this may help to prove the ownership in the case of a dispute.

Depending on the type of work being registered, the registration can cost up to RMB 1,000, and it takes around one month to get it done. The owner has to be providing the proof of identity and also some documentation to support, as well as complete the

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