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Copyright (Amendment) Act 2003 (Act No. A1195), Malaysia

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Latest Version in WIPO Lex
Details Details Year of Version 2003 Dates Entry into force: October 1, 2003 Assented: January 1, 2003 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights) Notes The main aims of this Act are to provide criminal penalties to punish and deter copyright infringers. This Act strengthens criminal penalties and gives enforcement authorities more ability to carry out enforcement against copyright piracy, e.g., Section 50A gives the officials of the Ministry of Domestic Trade and Consumer Affairs (MDTCA) the ability to carry out arrests for copyright piracy.

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Main text(s) Main text(s) English Copyright (Amendment) Act 2003 (Act No. A1195)        
 COPYRIGHT (AMENDMENT) ACT 2003

Laws of Malaysia

Act A1195

COPYRIGHT (AMENDMENT) ACT 2003 __________________________________________________________________________________________________

An Act to amend the Copyright

ENACTED by the Parliament of Malaysia as follows:

1.Short title and commencement

(1) This Act may be cited as the Copyright (Amendment) Act 2003.

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

2.Amendment of section 3

The Copyright Act 1987 [Act 332], which is referred to as the “principal Act“ in this Act, is amended in section 3, in the definition of “premises“, by deleting the words “and includes any such place in the open air,”.

3.Amendment of section 41

Subsection 41(1) of the principal Act is amended—

(a) in paragraph (i)—

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(i) by substituting for the words “not exceeding ten thousand ringgit” the words “of not less than two thousand ringgit and not more than twenty thousand ringgit”; and

(ii) by substituting for the words “not exceeding twenty thousand ringgit” the words “of not less than four thousand ringgit and not more than forty thousand ringgit”;

(b) in paragraph (ii)—

(i) by substituting for the words “not exceeding twenty thousand ringgit” the words “of riot less than four thousand ringgit and not more than forty thousand ringgit”; and

(ii) by substituting for the words “not exceeding forty thousand ringgit” the words “of not less than eight thousand ringgit and not more than eighty thousand ringgit”; and

(c) in paragraph (iii)—

(i) by substituting for the words “three years” the words “five years”; and

(ii) by substituting for the words “five years” the words “ten years”.

4.Amendment of section 41A

Subsection 41A(1) of the principal Act is amended by substituting for the words “this Act or subsidiary legislation made thereunder” the words “any subsidiary legislation made under this Act”.

5.Amendment of section 43

Section 43 of the principal Act is amended—

(a) by substituting for the words “not exceeding twenty‐five thousand ringgit” the words “of not less than ten thousand ringgit and not more than fifty thousand ringgit”; and

(b) by substituting for the words “three years” the words “five years”. 2

6.Amendment of section 50

Subsection 50(2) of the principal Act is amended by deleting the words “except that the power to arrest without warrant given by the Criminal Procedure Code [Act 593] in any seizable offence may not be exercised by any Assistant Controller”.

7.New section 50A

The principal Act is amended by inserting after section 50 the following section: “Power of arrest

50A.

(1) Any Assistant Controller may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit seizable offence under this Act or any regulations made thereunder.

(2) Any Assistant Controller making an arrest under subsection (1) shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.”.

8.Amendment of section 54

Subsection 54(2) of the principal Act is amended by substituting for theword “destroyed” the words “disposed of”.

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