Wednesday, December 18, 2019

Entry 24

This would be my last entry and it's a wrap for IP Journal this semester. I would like to take this opportunity to thank my IP Lecturer, Prof Zinatul for her knowledge and wisdom and not to forget, Prof Nabeel from Iraq for teaching us Patent Law. I really enjoyed this class. I would like to also thank my PBL Assignment groupmates: Diana, Richard, Ervina and Skylar for having me this semester. It was an honour to be working with amazing friends. Next, I would like to thank all my classmates for embarking this journey together. 

It has been a wonderful journey with IP and overall learning IP makes me feel more particular over one's right to their copyrightable works. I hope to apply this knowledge when I pursue the legal field. I believe that almost everything can be related to IP if we think from that angle. I would like to wish everyone good luck with the upcoming final examination and I hope to pass this time with flying colours! 

best regards, 

Insyirah, 2019.

Tuesday, December 17, 2019

Entry 23

With reference to Entry 22, there is a similar situation happening to Paul Kim, I am still studying Company Law, but now I am listening to Paul Kim, I searched the song on Youtube and found  "Paul Kim (폴킴) - Me After You (너를 만나) [Sub Indo]" and also thought that it is wrong to repost other people's work using a personal account because there song has already being uploaded by Paul Kim's company. I still think we should not normalise this kind of habit and instil some common sense in our society. In my humble opinion, even if the act is not for monetary gain, it is still morally wrong. 

Entry 22

I am studying Company Law while listening to one of my favourite songs from AKMU, a Korean duo. I searched the song on Youtube and found  "AKMU - How Can I Love The Heartbreak, Youre The One I Love | Lirik dan terjemahan / Sub indo" and thought that it is wrong to repost other people's work using a personal account because there song has already being uploaded by AKMU's company. I think we should not normalise this kind of habit and instil some common sense in our society. In my humble opinion, even if the act is not for monetary gain, it is still morally wrong. 

Entry 21

On 6th December the other day, I was invited to perform at FUU Talent Time, with my junior Chieng. He teamed up with me for that night. I sang and he played the keyboard. I really enjoyed that night because I really love to sing. It makes me feel distressed from the hectic-ness of Law school and other stressful matters. I really credit Perundang for handling such event, even my favourite band LOKO was there to perform that night. I was honoured to let them watch me sing "Jatuh Cinta" by iamneeta. I searched regarding this issue on linkedin, and found that with regards to live cover performances, the solo performer does not need a license to perform a cover song live. It is the club, restaurant, or concert venue that is supposed to obtain a license or licenses for generally hosting music performances, which includes the live music as well as the recorded music they play over the sound system. These are licenses from PROs, or performing rights organizations, namely ASCAP, BMI, SESAC. These organizations sell licenses on their websites. They also send agents to clubs and restaurants to try to get them to buy a license. Sometimes a venue or store will tell you that you cannot play any cover songs. This means they have opted not to buy any music performance licenses from the PROs. If you are told this, you must be very careful not to play those songs. Do not try to sneak them in.If you are planning a residency or major tour where you will be renting venues, and you plan to play cover songs, part of the planning should be to be sure each venue has proper licensing.Also, if you are planning a show or repertoire that is wholly or mainly cover songs, you should check with the applicable PRO to see if they insist you have a license. If the venues you play have licenses, you are covered. If you are producing your own shows at locations without licenses, you may need to obtain a license. Granted, most cover bands do not bother with any of this and simply forge ahead and play the cover songs.

Entry 20

During week 7, I performed a duet song with my good friend, Wajih during the FUU Confession Night handled by Perundang. We sang "My Heart", an Indonesian song. It was wonderful, I really enjoyed teaming up with Wajih because he is a fun friend. I did not feel nervous at all because he was there. I felt like I had a friend. So, I was thinking, is it okay for me and Wajih to sing other people's song? Wouldn't that be a copyright infringement? I searched up regarding musical works for some general knowledge. it says that songs are creative works that are protected by copyright law. To copyright songs or copyright music, songwriters need only record their compositions in some tangible way, including on paper, film, tape or digital media. The copyright doesn’t have to be registered and the work doesn’t have to include a copyright symbol. That means that any song that’s been recorded is (or once was) protected by copyright.

The copyright in a musical composition is originally held by its creators—the composer and lyricist—but songwriters typically transfer their copyrights to a music publisher who will help promote the song, administer royalty payments and enforce the copyright. A song copyright gives its owners a group of rights, including the right to publicly perform the song, to make a derivative work based on the song, to reproduce the song, to distribute copies, and to publicly display the song.

The consequences of posting a cover song without a music license depend on the copyright holder. Some copyright owners don’t mind YouTube covers—they increase a song’s exposure and may introduce a new audience to the songwriters’ or original performer’s music. If songs are posted by fans, a band isn’t likely to risk alienating them by taking down their videos. Other copyright owners object to unlicensed use of their work. A few years ago, Prince famously had YouTube remove a video that showed a toddler dancing to one of his songs. 

If a copyright owner objects, YouTube may remove your video or it may negotiate a deal for the copyright owner to obtain revenue from ads that appear on YouTube. If YouTube removes the video for copyright issues, it will also place a strike against your YouTube channel. After multiple strikes, YouTube will delete your channel, along with the videos, subscribers, likes, views and comments. If you’ve worked hard to cultivate your channel, this can be devastating. YouTube cover songs are fun and can offer great exposure for up-and-coming musicians. 

But before you post a cover song, it’s important to understand the licenses you’ll need to do it legally. And it’s wise to get those licenses before you spend a lot of time and money recording your music video. For the case of me and Wajih, I guess it's not really of a big issue because we did not perform for monetary gain, and the event was not that big. However, I might have to read up more on this. 

souce:https://www.legalzoom.com/articles/posting-cover-songs-on-youtube-what-you-need-to-know

Entry 19

With reference to entry 18, same goes to Netflix. I would subscribe Netflix to watch movies legally. I subscribe the family package and share it with my friends, so I would only have to pay RM10.20 monthly to Syafiqah, my school friend. I think RM10.20 is not that expensive compared to buying actual movie tickets which would cost from RM9 to RM22 per movie ticket. I really love watching movies. Plus, my parents have been unsubscribing Astro at home because they thought it was kind of pricey. I introduced them to Netflix and my dad couldn't stop watching Friends since the past few months. I guess it feels much better to subscribe to movies and music legally rather than downloading or streaming the pirate version(s). There is a myth that if it's legal, it's expensive. I beg to differ to that. If there is a will, there is a way. To me, even if it costs some money, at least it's legal. Sometimes, legality is a responsibility and being responsible makes people feel safe, and happy. 

Entry 18

There was this one time a good friend of mine was driving from UKM to Family Mart Bangi. We randomly had this conversation about Apple Music and Spotify. She asked me; why did I subscribe to both Spotify and Apple Music? I told her that I pay RM6.90 only for Apple Music (student ID) and my elder cousin pays for the Spotify subscription because it's a family package. This means that I will only pay RM 6.90 monthly to listen to music legally. She asked me "why not just download the converted link from Youtube, or download illegally from Telegram?" I answered "hey, artists ni, they all 'cari makan' tau, that is why I would feel responsible to pay for their music. Imagine if you own some music and people download your music illegally? how would you feel? I guess learning IP makes me a bit particular on this issue. I guess we should spread awareness to people regarding these kind of issues, we need to be more responsible of our actions.

Entry 17

I realised that my previous journal posts are more towards infringement. I always thought about "will this and that amount to infringement" but what really is infringement and what are the possible remedies? I searched it out and I found that there is a cause of action for infringement against a person that, without a licence from or the consent of the owner of a registered design, applies the design or any obvious or fraudulent imitation thereof to any article in respect of which the design is registered; or imports, sells, hires or offers or keeps for sale or hire any such article.

Case law has held that ‘obvious’ means that it is immediately apparent to the eye that the offending design is an imitation. On the other hand, a ‘fraudulent’ imitation means that the offending design is not necessarily an obvious copy of the registered design; it may even contain differences engineered to disguise the copying, but which can nonetheless be deemed immaterial.
Apart from the registered owner, the plaintiff may be a licensee if it can prove that it previously requested the registered owner to sue and the latter refused or failed to act within three months. However, the owner’s right to join in such proceedings is not prejudiced. There is a statutory limitation period of five years from the act of infringement within which to commence action.
It takes about nine months from filing of a court action to setting down for trial. The entire proceedings until resolution may take around two years, depending on the case’s complexity.
Upon successful proof of infringement and defence of any counterclaim for revocation, the court may grant remedies including damages or an account of profits. An injunction may also be ordered to prevent further or imminent infringement. The court may refuse monetary relief if the defendant satisfies the court that at the time of the infringement, it was unaware of the registration and had previously taken all reasonable steps to ascertain whether the design had been registered.

source:https://www.worldtrademarkreview.com/portfolio-management/protecting-and-enforcing-design-rights-malaysia-0 

Entry 16

I am on the urge of finding a place for legal internship for next year, and I was thinking what if I work for someone? In example, what if I work for CIMB, my completed works will be owned by CIMB or me? So I searched about ownership changes and rights transfers. I found out that the original owner of a design may assign its rights, including the right to apply for registration, to any other party. The assignment must be in writing. If an application has been filed or the design has been registered, an application to record the change of ownership should be made to MyIPO.

Apart from an assignment, ownership changes by way of transmission or other operation of law and security interest transactions may be recorded. For a registered design, the application should be made within six months of the transaction date. Otherwise, the court may refuse to award costs to the new owner in an infringement action. A certified copy of the transaction document must be submitted for the purposes of recordal. If the transaction is effected by an instrument chargeable with duty, the registrar must be satisfied that the instrument has been duly stamped.
An entry in the register will be made on approval of the application. A change of ownership shall have no effect against third parties unless recorded in the register. There are no provisions for recordal of licences.

Source:https://www.worldtrademarkreview.com/portfolio-management/protecting-and-enforcing-design-rights-malaysia-0

Entry 15

Last few days, if I am not mistaken around last week, one of my close friends in FUU, Cat, ranted about her Converse sneakers. The sneakers happened to be a bit torn out and the logo went faded. Then I made a joke "now that the logo's gone, people might think that they aren't authentic hahahha kasut pasar malam" and both of us laughed. It got me wondering on what is the legal status of pirated goods. In example, for Cat's sneakers. I saw so many sneakers looking similar to those in the night market. A fan of shoes would notice the differences but I am not really particular on that. So, I tried to find if there were any cases that relates to "copying other people's works" and I found a case regarding a design for a ceiling fan. In Alpha Home Appliance Sdn Bhd v NSB Home Appliance ([2015] MLJU 1829) the Kuala Lumpur IP High Court determined that the defendants had infringed the plaintiff’s registered design for a ceiling fan. The essential feature of the registered design was a central motor housing of round shape. The defendants submitted that although their fan’s housing was round, it was also concave at the bottom. However, in the judge’s opinion, when viewing it from a slight distance, the concave bottom was neither noticeable nor distinctive enough to distinguish it from the plaintiff’s design. A counterclaim for revocation of the registration was rejected on the ground that the admitted evidence was insufficient to demonstrate a lack of novelty. 

source:https://www.worldtrademarkreview.com/portfolio-management/protecting-and-enforcing-design-rights-malaysia-0

Entry 14

A few days ago, I was online and saw my friend, Richard, posted a selfie on his instagram and labelled the mini "c" (the copyright "c") below his selfie and another friend, Faeq, commented "fuyo siap ada copyright" and I laughed very hard on their interaction because it was a bit funny. However, it got me thinking, is it really necessary to put copyright in photos? Can we sue someone who steals our copyright? So, I googled about copyrights too. I found that The Copyright Act 1987 provides comprehensive protection for copyrightable works. The Act outlines the nature of works eligible for copyright (which includes computer programs), the scope of protection, and the manner in which the protection is accorded. There is no registration for copyright works.
Copyright protection for literary, musical or artistic works is for the duration of the life of the author and 50 years after his death. In sound recordings, broadcasts and films, copyright protection is for 50 years after the works are first published or made.
The Act also provides protection for the performer's rights in a live performance which shall continue to subsist for fifty years from the beginning of the calendar year following the year in which the live performance was given.
A unique feature of the Act is the inclusion of provisions for its enforcement. The amendment of the Copyright Act 1987, which was enforced on 1 October 2003 confers power of arrest (including arrest without warrant) to enforcement officers of the Ministry of Domestic Trade, Cooperative and Consumerisme (MDTCC) formerly known as Ministry of Domestic Trade and Consumer Affairs. This special team of officers of the MDTCC is appointed to enforce the Act and is empowered to enter premises suspected of having infringing copies and to search and seize infringing copies and contrivances.

Entry 13

Last Wednesday, I went to EVO Mall and my dad was interested on the massage chair and I thought that the software used to make the Ogawa chair should be patented by law to protect the  works made by the owner or maker of the software. I googled about patents in Malaysia and found out that The Patents Act 1983 and the Patents Regulations 1986 govern patent protection in Malaysia. An applicant may file a patent application directly if he is domicile or resident in Malaysia. A foreign application can only be filed through a registered patent agent in Malaysia acting on behalf of the applicant.

Similar to legislations in other countries, an invention is patentable if it is new, involves an inventive step and is industrially applicable. In accordance with TRIPS, the Patents Act stipulates a protection period of 20 years from the date of filing of an application. Under the Act, the utility innovation certificate provides for an initial duration of ten years protection from the date of filing of the application and renewable for further two consecutive terms of five years each subject to use. The owner of a patent has the right to exploit the patented invention, to assign or transmit the patent, and to conclude a licensed contract.
In accordance with TRIPS, under the scope of compulsory licence, the Act allows for importation of patented products that are already in the other countries' market (parallel import).The Government can prohibit commercial exploitation of patents for reasons of public order or morality. The Act was amended to include provision for Patent Cooperation Treaty (PCT) and to allow importation under the scope of compulsory license.
Malaysia has acceded to the PCT in the year 2006 and effective from 16 August 2006, the PCT International Application can be made at the Intellectual Property Corporation of Malaysia (MyIPO).

source:https://www.mida.gov.my/home/intellectual-property-protection/posts/

Entry 12

While I was at BS1 FUU doing some past year papers and studying for final exam, I saw a friend using a Macbook. I saw the Apple logo and thought that "hey, I think this logo must be a trademark for Apple." so I searched about trademarks in Malaysia. I found that trade mark protection is governed by the Trade Marks Act 1976 and the Trade Marks Regulations 1997.
The Act provides protection for registered trade marks and service marks in Malaysia. Once registered, no person or enterprise other than its proprietor or authorised users may use them. Infringement action can be initiated against abusers. The period of protection is ten years, renewable for a period of every ten years thereafter. The proprietor of the trade mark or service mark has the right to deal or assign as well as to license its use.
In accordance with TRIPS, Malaysia prohibits the registration of well-known trade marks by unauthorised persons and provides for border measures to prohibit counterfeit trade marks from being imported into Malaysia.
Malaysia accedes to the Nice and Vienna Agreements on 28 June 2007 which was enforced on 28 September 2007. Nice Agreement is concerning the International Clasiffication of Goods and Services for the purpose of the registration of marks whereas the Vienna Agreement establishes a classification for marks, which consist of or contain figurative elements. Both agreements are significant to facilitate trade mark registration.
As with patents, while local applicants may file applications on their own, foreign applicants will have to do so through registered trade mark agents.

source: https://www.mida.gov.my/home/intellectual-property-protection/posts/

Entry 11

My dad just texted me to fetch him from KLIA tomorrow from out station. He works in the robotic industry and of course he deals with a lot of industrial designs. Therefore, I had the idea to google on how Malaysia protects ID works. I found that the industrial design protection in Malaysia is governed by the Industrial Designs Act 1996 and Industrial Designs Regulations 1999. The Act provides the rights of registered industrial designs as that of a personal property capable of assignment and transmission by operation of the law.

To be eligible for registration, industrial designs must be new and do not include a method of construction or design that is dictated solely by function. In addition, the design of the article must not be dependent upon the appearance of another article of which it forms an integral part.

Local applicants can file registrations individually or through a registered industrial designs agent. However, foreign applicants will need to seek the services of a registered industrial designs agent. Registered industrial designs are protected for an initial period of five years which may be extended for another two 5-year terms, providing a total protection period of 15 years.


Entry 10

Last week, I submitted my Islamic Banking assignment for my group mates to check. Everything that are original and reduced in material form is copyrightable by virtue of Section 7 (a) and (b) of the Copyright Act 1987. I believe that all my assignments are literature works mentioned in Section 3 of the same Act. Therefore, if someone else copies my assignment, it would be a copyright infringement.

Entry 9

Last two weeks, I watched Frozen 2 for free because my friend won two tickets from the dUCk group. The movie was interesting. I really loved the details in their cartoon animation. Anna and Elsa are very beautiful. I love all of the soundtracks in the movie. 

To relate to Intellectual Property. Let's say if the movie is Malaysian-based, in Malaysia, based on the provision in Section 3 of the "literary work" includes novels, stories, books, pamphlets, manuscripts, poetical works and other writings. This means that the lyrics to the official sound track of frozen can be copyrighted to the author or owner of the said work as long as it has been reduced in material form as stated by Abdul Malik Ishak J in the decided case of Kiwi Brands.

Therefore, if anyone happened to use the same lyrics from the OSTs in Frozen 2 for monetary gain, substantially, the author or owner can claim their copyright and file a suit for copyright infringement as provided in Section 36(1) of the Copyright Act 1987.

Entry 8

Last Friday, I watched Ejen Ali The Movie: Misi Neo with Izzati and Angel after class ended.. The movie was super cool. The storyline's interesting. There was one part of the movie that made me cry a little because my heart couldn't take it. The scene was the scene of Ejen Ali and his late mother, Aliya. 

To relate to Intellectual Property, let's say if the movie is Malaysian-based, Section 3 of the "literary work" includes novels, stories, books, pamphlets, manuscripts, poetical works and other writings. This means that the storyline for a movie or drama is a literary work.

The author/owner of the storyline for this movie are deserving of the copyright. The copyright doesn't necessarily have to be registered, as long as it is original and as long as it has been reduced in material form as stated by Abdul Malik Ishak J in the decided case of Kiwi Brands.

Therefore, if anyone happened to use the same storyline for monetary gain, substantially, the author or owner can claim their copyright and file a suit for copyright infringement as provided in Section 36(1) of the Copyright Act 1987.

Entry 7


Yesterday, I watched Jumanji 2. The movie was really hilarious. To relate to Intellectual Property in Malaysia, based on the provision in Section 3 of the "literary work" includes novels, stories, books, pamphlets, manuscripts, poetical works and other writings. This means that the script for a movie or drama is a literary work. 

The author/owner of the script for this movie are deserving of the copyright itself. The copyright doesn't necessarily have to be registered, as long as it is original and as long as it has been reduced in material form as stated by Abdul Malik Ishak J in the decided case of Kiwi Brands.


Therefore, if anyone happened to use the same script for monetary gain, substantially, the author or owner can claim their copyright and file a suit for copyright infringement as provided in Section 36(1) of the Copyright Act 1987.

Thursday, October 10, 2019

Entry 6

My mind's all over the place these days. Assignments, tutorials, studies, moot, piles of worries and fears, scared of the future, stressed over financial plans and all. I almost broke down on Wednesday because I felt too much. I felt like everything in life didn't go well. All these things, even the guy that I like haven't kept in touch with me for a long time. I am kind of sad but this is just a small issue compared to my financial worries and study worries.

I am feeling very worried of my bank balance....... today I only have RM 5 in my purse..... maybe I need to be strict of my budgets, but I have always learned that money could come and go, what matters the most is you are happy. I am unsure to what extent should I agree to this principle. Maybe I need to save up some money by fasting next week. This could help me to lose weight plus I have 8 days left of 'puasa ganti', might as well I finish it as soon as possible

So, I decided to take a break from the hectic piles of work. I actually love to read, it's a coping mechanism to me, so I read a book whereby to relate to IP, books are literary works and the author owns this work as long as there is originality, and been reduced to material form. My leisure read was titled 'The Subtle Art of Not Giving a F*ck'. Based on this book, the idea of not giving a f*ck means being indifferent, but being comfortable with being different. To not give a f*ck about adversity, you must first care about something more important than adversity.

I just finished three chapters and looking forward to read more when I am free. I couldn't really review this book because I haven't managed to finish it yet. I hope I could finish this book this weekend since it's been interesting so far. I am always a fan of self-help books! 

I am also reading 'Mars and Venus better together', my best friend got this for my birthday the other day, she said I should find a boyfriend and learn how to love. Hahahaha. I loved reading it but let time and fate decide things for me in the context of finding love. I might write about this book next week. 

Entry 5

Hi. Remember when I googled the "P" symbol out of curiosity last week that I found from Super Junior music video where it is actually a phonogram copyright (PHONOGRAM COPYRIGHT ℗)?

I presented about it yesterday in IP lecture and Prof told me that we do not have that in Malaysia. I am happy to the fact that I have learned a new thing again.

However, she also said that it was a good journaling the fact that I related the things I did, with IP.

She also shared an interesting blog:
http://ipkitten.blogspot.com/

IPKat blog covers copyright, patent, trade mark, designs, info-tech, privacy and confidentiality issues from a mainly UK and European perspective. I have went through this blog yesterday on the spot and I am looking forward to read more when I have free time.

Wednesday, October 9, 2019

Entry 4

I am a fan of Super Junior since high school. Super Junior is a Korean band based under SM Entertainment. They made a comeback on October 4th which was 5 days ago but I just had the time to finally watch the music video on Youtube and I am really excited right now. Their latest song is called 'I Think I', and the caption of the video stated 'SUPER JUNIOR 슈퍼주니어 'I Think I' MV ℗ SM ENTERTAINMENT, Label SJ' and I thought of researching the meaning behind the logo "P" in the context of Intellectual Property.


Therefore, when I googled it, the symbol is a phonogram copyright (PHONOGRAM COPYRIGHT ℗)

The ℗ symbol, is used in a Copyright notice for sound recordings. This symbol is therefore used to indicate the ownership of a sound recording. A sound recording embodies a separate copyright to the underlying musical work, and will often have a different owner i.e. the producer.
A Phonogram Copyright notice consists of: the ℗ symbol; the year of first publications; and the name of the owner.

For example: ℗ 2018 Albright IP Limited.
The Phonogram Copyright symbol is often mistaken as a symbol indicating a Patent, this is a common misconception.


Therefore, I am kind of proud to be learning a new thing today!

*Sources:


Entry 3

Today I submitted my Jurispudence assignment for my group mates to check and I have done cross-check of memorials for the upcoming mooting competition with my moot teammates. I am staying back at the library today and I remembered that everything that are original and reduced in material form is copyrightable by virtue of Section 7 (a) and (b) of the Copyright Act 1987. I believe that all my assignments are literature works mentioned in Section 3 of the same Act. Therefore, I am proud that I could finally relate to every work I have done with the context of Intellectual Property. It's kind of cool.

Sunday, September 29, 2019

Entry 2

Dear Prof,

Today I rewatched 3 Idiots after so long of not watching it. The general synopsis of this Bollywood movie is in college, Farhan and Raju form a great bond with Rancho due to his positive and refreshing outlook to life. Years later, a bet gives them a chance to look for their long-lost friend whose existence seems rather elusive.

What I could see in this movie are so many choreography ideas for the songs inside this movie. The dance moves and the musicals must be someone's idea. I just learned that musical works includes any musical work, and works composed for musical accompaniment as mentioned in Section 3 of the Copyright Act 1987.

Therefore, these days even watching movies could be interesting where I can relate the ideas in the movie to the knowledge I have possessed in the IP classes I have attended.

Entry 1

I will be using my old blog which I have created during my matriculation year for the purpose of IP class' weekly posts starting with Week 3 of this semester.

Therefore, this is my first entry for first week of my IP class.

Despite reading law, I am a fan of arts and music. Two days ago, one of my favourite Malaysian bands released two new songs in their latest album. The band's name is Midnight Fusic and the album is called Caramel Cream. My favourite member is Arif Kamarudin. He is so talented in singing and playing musical instruments. He is younger than me and he's dating a girl named Elsa Asiah. I just read that the song 'Little Did She Know' is about their relationship. I think it's such a cute gesture.

To relate to Intellectual Property in Malaysia, based on the provision in Section 3 of the "literary work" includes novels, stories, books, pamphlets, manuscripts, poetical works and other writings. This means that even the lyrics to a song is a literary work. This means that the lyrics to the songs in this album are literary works and the author/owner of the lyrics are deserving of the copyright itself. The copyright doesn't necessarily have to be registered, as long as it is original and as long as it has been reduced in material form as stated by Abdul Malik Ishak J in the decided case of Kiwi Brands.

Therefore, if anyone happened to infringe the lyrics to any songs from this album, the author or owner of the lyrics can claim their copyright and file a suit for copyright infringement as provided in Section 36(1) of the Copyright Act 1987.