Sie sind auf Seite 1von 8

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES


INDIVIDUAL ASSIGNMENT

NAME

KARTICK A/L S. RAVI CHANDRAN

TP NUMBER

TP025722

INTAKE

UCD2F1404IT {FC}

TITTLE

WB FRESH COCONUT SUPPLIER SDN BHD

SUBJECT CODE

CT031-3-2 IPELI

HAND IN DATE

23.04.2015

1 | Page

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES

Essay
Intellectual property (IP) refers to creations of the human mind, such as creations; literary and
artistic works, designs, and symbols, names and images which being a usage in the commerce.
Intellectual property is being protected in the Malaysian law. There are several types of
intellectual property for example Patents, Copyright, Trademarks, Trade Secret and etc which
enables people to earn recognition or financial benefits from what they invent or create. By
striking the right balance between the interests of innovators and the wider public interest, the
aim of this Intellectual Property system is to foster an environment in which creativity and
innovation can flourish.
The company that I have chosen to discuss about is WB Fresh Coconut Supplier Sdn Bhd. WB
Fresh Coconut Supplier Sdn. Bhd. was established in the supply and distribution of fresh young
coconuts in Malaysia. Founded in 2003 by young entrepreneurs with long established family
background in the distribution of fresh and frozen products, WB Fresh Coconut Supplier Sdn.
Bhd. has a strong foothold in the market, distributing and exporting management of fresh young
coconuts. Their close relationship with suppliers in Thailand and the strategic network of
distribution channels, supported by our strong logistic management to monitor and control
quality and freshness of every coconut, right from the tree to our table. This is the little intro
about the company that am going to research about and going to discuss the Intellectual Property
of the company below.
The existing Intellectual Property of this company is; WB Fresh Coconut Supplier Sdn Bhd owns
copyrights of their bottles design, coconut design, Logo, its WB Fresh Coconut Supplier Sdn
Bhd name as well and generally anything it creates that can be considered an original work
requiring creative effort.
Copying infringement in Malaysia include fair dealing, where according to the Malaysias
Copyright Act says that, only the purpose of private research or news reporting are allowed to be
copied. For example, if the newspaper reporter is writing a story on this WB Fresh Coconut
Supplier Sdn Bhd then it is allowed to displays its company logo.

2 | Page

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES


Besides then this reason, if other company is about to use any of the materials belongs to the WB
Fresh Coconut Supplier Sdn Bhd company which has been protected via Intellectual Property,
then the specific group of pupil are required to get a special permission from the company to
display its copyrighted work.
Trademark protection allows WB Fresh Coconut Supplier Sdn Bhd from duplicating their goods
and services, and to compensate any damages WB Fresh Coconut Supplier Sdn Bhd may face as
a result of this unfair competition. Consumer protection by prohibiting confusing trademark in
the market is also known as trademark protections.
A trademark can be registered by filing an application with Malaysia Trademark Act (Act 175 of
1976). WB Fresh Coconut Supplier Sdn Bhd has the exclusive right to use the trademark
throughout Malaysia. Even though the trademark is not registered, it is still recognized, but only
given a specific exclusive trademark right in specific geographic region where the trademark is
created.
The WB Fresh Coconut Supplier Sdn Bhd registered their trademarks in bottles design, coconut
design, Logo, its WB Fresh Coconut Supplier Sdn Bhd name as well. This item of this WB
Fresh Coconut Supplier has been trademarked to identify the goods and services as being used
uniquely.
In order for the WB Fresh Coconut Supplier to prove the trademark violation, they need to show
the evidence of where the competitor has actually used its trademark as a trademark. If the name
of the company is used for newspaper or research purpose then it is not considered as a
trademark violation, but if it is used for a production purpose then its consider as trademark
violation.
In order to assist with its business, the WB Fresh Coconut Supplier creates various inventions.
Thou the ones are not particularly unique, it just need to have some element of novelty to be
patented as been stated in the Patent Act of 1983 and the Patent Regulations of 1986 govern
patent protection in Malaysia.

3 | Page

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES


For example, the WB Fresh Coconut Supplier owns a patent of making Plastic Container has
been stated they even supply coconut drinks in plastic bottles, surely they does not been provided
with the rights to produce plastic containers, but this WB Fresh Coconut Supplier company has a
particular right to make their own plastic container that has been described in their patent.
The formula for making this fresh coconut is a trade secret. This trade secret is something which
is really valuable for the company. It is only known by a few people in the WB Fresh Coconut
Supplier company.
The original formula for making this fresh coconut drink was patented in the year of 2003. Once
the duration of patent is expired, this formula can be used and also known by the public, to avoid
that it has been kept as a secret formula.
Employees in this WB Fresh Coconut Supplier Sdn Bhd company will be assigned with a
contract saying that, each and every trade secrets are not supposedly to be revealed to the public
or competitor.
The prediction of this company for the next 5 to 10 years in their Intellectual Property product
will be really successful if the IP of this company is been followed and ruled in a correct manner.
According to the Constitution of Malaysia (2009) each and every company should have register
themselves for this Intellectual Property. This is because Intellectual Property plays a very
important role in company development as well as in the country development.
According to the Malaysia Law of June 10, 1993 on Companies (art 39-40), define the term of
business secrets and protection which will allow the WB Fresh Coconut Supplier company to
develop their business in their production in a way that the competitor would not be able copy
their formula. So the competitors could not be able to produce with the same formula which not
going to be the same taste as the WB Fresh Coconut Suppliers production. This will increase in
WB Fresh Coconut Supplier production.

4 | Page

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES


Besides that, according to the Subsection 36(3) of the Copyright Act 1987, Copyright is infringed
by any person who circumvents or causes any other person to circumvent any effective
technological measures that are used by authors in connection with the exercise of their rights
under this Act and that restrict acts, in respect of their works, which are not authorized by the
authors concerned or permitted by law. Intellectual Property rights which has been made on the
copyrights of their bottles design, coconut design, Logo, its WB Fresh Coconut Supplier Sdn
Bhd name as well also helps the company development in sense of so that competitor will not
be able to duplicate the same name, logo, design and etc. This duplication can cause confusion to
the customers and the thought both are shareholders which it has a higher possibilities for the
competitors to grab the customers.
The most famous case in Malaysia held in Johor Bahru MAHKAMAH TINGGI MALAYA DI
JOHOR BAHRU In the case of WB Fresh Coconut Supplier Sdn Bhd v Gan Boon Wah & Anor,
the High Court of Malaya at Johor Bahru adjudged Gan Boon Wah & Anor to have committed
the tort of misrepresentation and subsequently granted interlocutory injunction as prayed by the
WB Fresh Coconut Supplier Sdn. Bhd.
This case is all about At all material times the fresh coconut beverages of the Plaintiff (WB
Fresh Coconut) have been supplied, distributed and sold in packaging bearing a distinctive label
in substantially the form of the Plaintiffs Mark, the label being in the shape of a circle printed
upon a yellow-colored ground with a black-colored border. The label has always comprised, as a
prominent feature of the distinctive get-up and general layout thereof, the combination of an
upwardly curved blue-colored text scroll and a coconut device in the centre of the label bearing
the red-colored initials WB.
The Infringing Products supplied, distributed and sold by the Defendants (BW Thai Coconut)
are in packaging bearing a mark or label being in the shape of a circle printed upon a yellowcolored ground with bordered black-color. The label comprises the combination of an upwardly
curved blue-colored text scroll and a coconut device in the centre of the label bearing the redcolored initials BW.

5 | Page

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES


As a result thereof, the Plaintiff has suffered damage and is calculated to suffer further damage
unless the Defendants acts of infringement of trade mark herein complained are restrained.
The court decision was the shape of the label being a circle printed upon a yellow colored
backdrop, with a black colored border the combination of an upwardly curved blue colored text
scroll and a coconut device in the centre of the label bearing the red color initials BW would
confuse members of the public. When I compared the two trademarks carefully, I find that the
similar shape of the two trademarks with the pictorial device of coconut and the letters BW
or WB in red at the centre with its same yellow backdrop and the upwardly curved blue colored
text scroll, that is, BW Thai Coconut and Fresh Coconut Thailand at the top of the label
would probably confuse a consumer in general.
Therefore, the High Court adjudged that the Defendants Mark was deceptively similar to the
Plaintiffs Mark and that the Defendants had committed the tort of passing off and caused
misrepresentation to the consumers. Subsequently, the High Court granted injunction in favor of
the Plaintiff.
As in conclusion, every individual should understand the importance of Intellectual Property for
themselves and also for their development. Even our former Prime Minister Y.A.B Dato Seri
Abdullah Hj. Ahmad Badawi, says that Intellectual Property is the current economic spinner
during the National Intellectual Property Day 2005. Intellectual Property is the foundation of a
countries economy.

6 | Page

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES

References
N.p., 2015. Web. 19 Apr. 2015.
Adipven.com,. 'Malaysia: A Tale Of Coconut Water | ADIPVEN (M) SDN BHD'. N.p., 2015.
Web. 19 Apr. 2015.
Sell147.com,. 'WB Fresh Coconut Supplier Sdn Bhd, Malaysia, Distributor/Wholesaler,
Sell123.Org'. N.p., 2015. Web. 19 Apr. 2015.
Wbfc.com.my,. 'Services'. N.p., 2015. Web. 19 Apr. 2015.
Wipo.int,. 'Malaysia: IP Laws And Treaties'. N.p., 2015. Web. 19 Apr. 2015.
Malaysia.usembassy.gov,. 'IPR Toolkit Malaysia | Embassy Of The United States'. N.p., 2015.
Web. 22 Apr. 2015.
Wipo.int,. 'What Is Intellectual Property?'. N.p., 2015. Web. 19 Apr. 2015.
Lawyerment.com,. 'When Is Copyright Infringed? What Constitutes Copyright Infringement? Coypright - Knowledge Base - Lawyerment.Com'. N.p., 2015. Web. 22 Apr. 2015.
Pressman, David. Patent It Yourself. Berkeley, Calif.: Nolo, 2002. Print.
Vaidhyanathan, Siva. Copyrights And Copywrongs. New York: New York University Press, 2001.
Print.
Bouchoux, Deborah E. Intellectual Property. Albany, NY: West Legal Studies/Thomson
Learning, 2000. Print.

7 | Page

INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES

8 | Page