COPYRIGHT

Feature Copyright Law Industrial Design Law

Definition Legal right granted to creators of original works of authorship, Protects the external appearance of a product, including its shape,
protecting the expression of an idea, not the idea itself. configuration, pattern, or ornament. Concerned with visual features, not
function.

Subject Broad range, including literary works (novels, programs, compilations), Design of any article, including 2D and 3D elements, such as the shape
Matter artistic works (drawings, paintings, diagrams, maps, photos) , musical of a vessel and its surface pattern. Focuses on visual features. Examples
works, films, sound recordings, and broadcasts. Computer include the hood, front and rear bumpers, and grille of automobiles.
programs include source codes, non-literal elements, and user
interfaces.

Originality Must be original, not copied, with sufficient effort. Must originate from Must be new or original, not previously registered or published. Must be
the author, being their own intellectual creation. Requires a human novel in the country of registration.
author.

* University of London Press Ltd v University Tutorial Press, Ltd : 'literary Teh Teik Boay v Chuah Siak Loo: Publication prior to registration
work' includes a wide range of written material. invalidates the design.

* Infopaq: For text to be original, there must be a choice, sequence and

combination of words that suggest intellectual creation.

Acquisition Automatic upon creation if fixed in a tangible form. No registration Acquired through registration with the relevant authority.
of Rights required.

Term of Generally, life of the author + 50 years. Shorter term, often 5 years, renewable twice.
Protection
Scope of Exclusive right to control reproduction, distribution, adaptation, and Prevents others from making, selling, or using products with a
Protection communication of work. Includes making 3D copies of 2D works and substantially similar design. Limited to external appearance, not
vice versa. Protects the expressions of functionality, not the functionality function. Extends to articles made by reverse engineering.
itself.

* Alfa Laval (M) Sdn Bhd v Ng Ah Hai & Ors: Program itself is protected, * Veresdale Ltd v Doerwyn Ltd: Parts integral to overall appearance of an
not its functionalities. automobile cannot be registered as industrial designs.

* Software Solutions (M) Sdn Bhd v Masteric Sdn Bhd: Literal (source Ford Motor Co: Categorizes spare parts affecting overall appearance of
code) and non-literal elements (structure, design) of programs are the vehicle.
protected.

* Longman Malaysia Sdn Bhd v Pustaka Delta Pelajaran Sdn Bhd:

Infringement is about qualitative, not quantitative reproduction.

* Petraware Solutions Sdn Bhd & Anor v Readsoft Aktiebolag & Anor :
Computer program has "back-end" (source and object code) and
"front-end" components (user interfaces, terms).

* Hexagon Tower Sdn Bhd v Polydamic Holdings Sdn Bhd: Need to

prove substantial similarity and causal connection for infringement.

* Look v feel John Richardson Computers Ltd v Flanders & Anor:

Considers similarities beyond text to structure and organization of
program.

Infringeme Copying a substantial part of a copyrighted work without permission. Making, using, or selling a product with a design that is substantially
nt Direct or indirect copying. Must have a causal link . Qualitative similar to a registered industrial design. Includes copying through reverse
copying, not just quantitative. engineering.

* Longman Malaysia Sdn Bhd v Pustaka Delta Pelajaran Sdn Bhd: HOLDINGS SDN BHD & 3 ORS: Involves infringement of artistic and
Infringement is about qualitative reproduction, not quantitative. literary works of a tumbler design, unlawful reproduction.
 * Software Solutions (M) Sdn Bhd v Masteric Sdn Bhd: Both literal Acumen v PJH: Rights in an industrial design can be assigned and design
(source code) and non-literal elements (structure, design) are protected. is property of assignee, not original creator.

Exceptions Fair dealing/fair use allows use for research, private study, criticism, Section 7(6) of Copyright Act: Copyright ceases after industrial
& review, reporting current events. Section 13(2A) of the Copyright Act reproduction of a design more than 50 times. Copyright does not subsist
Limitations 1987 allows for considering four fair use factors. De minimis principle for in designs registered under industrial design law.
trivial works.

* MediaCorp News Pte Ltd & Ors v Mediabanc (Johore Bharu) Sdn Bhd BBC Worldwide Ltd v Pally Screen Printing Ltd: Technical drawings made
& Ors: Factors for fair dealing: purpose, nature, amount, market effect. for manufacturing are considered design not artistic works

Kleeneze Ltd & Anor v D.R.G. (U.K.) Ltd & Anor: Balance between
protection of copyright and fair competition must be struck.

Moral Right to be identified as author and to object to distortion or Generally not applicable in industrial design protection.
Rights modification that harms reputation. Perpetual and inalienable and borne
by the author.

Overlap Copyright can protect drawings/designs of industrial products, even if Once a design is registered as an industrial design, no copyright subsists.
product itself is not protected by copyright. Copyright covers 3D form of
2D artistic work. Where an artistic work has been exploited by making
articles using industrial process, the copyright is reduced.

LB (Plastics) Ltd v Swish Products Ltd: Technical drawings can be

protected under copyright.

Hensher v Restaville: Artistic craftsmanship can be protected under

copyright.