Intellectual Property - Malaysia (2003 - current)

In January 2003, the Attorney General of Malaysia and Executive Director Mayo agreed to introduce an IP component into an existing ISDLS-Malaysian criminal justice initiative. In May 2004 a four-person LSG studied IP law and enforcement at the U.S. DOJ (San Jose)’s Computer Hacking and Intellectual Property (CHIP) Unit, Microsoft’s Corporate Headquarters, and the Walt Disney and Warner Bros. Studios in California and Washington. At the conclusion of the study, both the Malaysian delegates and the corporate representatives acknowledged the need for training in IP law enforcement but noted further funding would be needed for this to be possible. The Deputy Commissioner for Law Revision and Reform determined that Malaysia could best combat piracy through the creation of a special investigative and prosecutorial unit based upon the CHIP model.

In December 2004, ISDLS conducted a two-day IP seminar in Malaysia to present the CHIP model and to assess the Malaysian IP situation. The seminar revealed that the Government of Malaysia has made reform of IP law and enforcement a high priority but that procedural, legislative and judicial problems impede success. The U.S. and Malaysian teams identified specific actions that can be taken, including adaptation of existing legal code relating to IP, judicial training and education about IP, and standardization of procedures for IP enforcement. The GOM agreed to form an IP task force, which will conduct further study and guide the development of policy and the creation of a specialized Malaysian investigative and prosecutorial IP unit. ISDLS plans to bring the core members of this task force to the U.S. in Spring 2005 to conduct an IP legal study.