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There Must Be Conscious Efforts To Improve Education And Training On Intellectual Property In Malaysia
Part of the speech in Parliament by Dr Tan Seng Giaw, DAP National Vice-Chairman & MP for Kepong during the debate on the Layout-Designs of Integrated Circuits Bill, 2000 and the 2000 Bill to amend the Industrial Designs Act 1996 on 20.4.2000

 
Globalisation means many things, the good and the bad. The old and the new (Internet) economies are causing confusion. Margin trading or the purchase of stocks on credit in the New York Stock Exchange, NYSE, has soared 75% in the past year, exceeding US$265 billion. The recent shock in the Nasdaq, NYSE, reflecting technology stocks, may serve as a serious warning against the volatility of technology stocks.

With globalisation, intellectual property which is dominated by USA, is increasingly more important: trade marks, patents, copyright, designs, plant varieties, software, keyboard and the layout of integrated circuits. (In the 1950s, Jack Kilby of Texas Instrument invented the intellectual circuit which has run out of patent. But, the new lay-out designs of integrated circuits have to be protected legally.)

We must have laws to protect intellectual property. Not all ideas, creations and designs are protected, depending on the usage. We must have talents or brains who can be inovative and creative. However, in Malaysia, despite the prattling by the Government, precious little has been done to keep our talents in the country and to attract those outside to come back or to woo foreign talents to come here. The existing system and mechanism are not conducive to attract these talents. For example, some youths with excellent Sijil Pelajaran Malaysia, SPM ( Malaysian Education Certificate) and Sijil Tinggi Persekolahan Malaysia, STPM ( Malaysian High School Certificate) results are offered scholarships to Singapore National University every year. After graduation, they serve in Singapore for five to seven years. Many will not return to Malaysia. Those professors who are frustrated in local universities, are quickly offered attractive posts in other countries. There are many more.

Malaysia is not ahead in the legal framework to protect intellectual property. Despite her participation

in the World Intellectual Property Organization, WIPO, and the World Trade Organization-Agreement on Trade Related Aspects of Intellectual Property Rights (WTO - TRIPS Agreement), many laws have to be amended and new ones such as the present Layout-Designs of Integrated Circuits Bill promulgated.

The "Special 301" provisions of the US Trade Act of 1974, as amended, require United States Trade Representative, USTR, to determine whether the acts, policies and practices of foreign countries deny adequate and effective protection of intellectual property rights or fair and equitable market access for U.S. persons that rely on intellectual property protection.

USTR identifies Priority Foreign Countries which:

1. have the most onerous and egregious acts, policies and practices that have the greatest adverse impact (actual or potential) on relevant U.S. products; and,

2. are not engaged in good faith negotiations or making aignificant progress in negotiations to address these problems.

Priority foreign countries include China, Israel, Macao, Argentina, Egypt, the European Union, Greece, India, Indonesia, Russia, Turkey, Bulgaria, Italy, dominican Republic and Kuwait. Apparently, Malaysia has been taken out of the list since 1991.

We do not want to be regarded as the den for infringements of intellectual property rights. Therefore, we propose that the country has:

First, agencies to coordinate intellectual property rights.

Secondly, effective system of investigation including professional investigative teams.

Thirdly, education and training on intellectual property rights.

Fourthly, internal management system to protect local and foreign intellectual property rights.

Fifthly, effective publicity.

All intellectual properties can be used for good or evil. This depends on the propensity of human beings.

Dr Tan Seng Giaw

 

 
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