intellectual property, ethics and legal issues

8/8/2019 INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES

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INTELLECTUAL PROPERTY, ETHICS AND LEGAL ISSUES


INDIVIDUAL ASSIGNMENT

NAME : KARTICK A/L S. RAVI CHANDRAN

TP NUMBER : TP025722

INTAKE : UCD2F10IT !FC"

TITTLE : #B FRESH COCONUT SUPPLIER SDN BHD

SUB$ECT CODE : CT0%1&%&2 IPELI

HAND IN DATE : 2%.0.2015

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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 seeral types of

intellectual property for e!ample Patents, "opyright, Trademarks, Trade #ecret and etc which

enables people to earn recognition or financial benefits from what they inent or create. $y

striking the right balance between the interests of innoators and the wider public interest, the

aim of this Intellectual Property system is to foster an enironment in which creatiity and

innoation can flourish.

The company that I hae chosen to discuss about is %$ &resh "oconut #upplier #dn $hd. %$

&resh "oconut #upplier #dn. $hd. was established in the supply and distribution of fresh young

coconuts in Malaysia. &ounded in ' by young entrepreneurs with long established family

background in the distribution of fresh and fro*en products, %$ &resh "oconut #upplier #dn.

$hd. has a strong foothold in the market, distributing and e!porting 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

+uality and freshness of eery 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 e!isting Intellectual Property of this company is; %$ &resh "oconut #upplier #dn $hd owns

copyrights of their bottles design, coconut design, ogo, its -%$ &resh "oconut #upplier #dn

$hd name as well and generally anything it creates that can be considered an original work

re+uiring creatie effort.

"opying infringement in Malaysia include fair dealing, where according to the Malaysia/s

"opyright 0ct says that, only the purpose of priate research or news reporting are allowed to be

copied. &or e!ample, if the newspaper reporter is writing a story on this %$ &resh "oconut

#upplier #dn $hd then it is allowed to displays its company logo.

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$esides then this reason, if other company is about to use any of the materials belongs to the %$

&resh "oconut #upplier #dn $hd company which has been protected ia Intellectual Property,

then the specific group of pupil are re+uired to get a special permission from the company to

display its copyrighted work.

Trademark protection allows %$ &resh "oconut #upplier #dn $hd from duplicating their goods

and serices, and to compensate any damages %$ &resh "oconut #upplier #dn $hd may face as

a result of this unfair competition. "onsumer protection by prohibiting confusing trademark in

the market is also known as trademark protections.

0 trademark can be registered by filing an application with Malaysia Trademark 0ct (0ct 123 of

1425). %$ &resh "oconut #upplier #dn $hd has the e!clusie right to use the trademark

throughout Malaysia. 6en though the trademark is not registered, it is still recogni*ed, but only

gien a specific e!clusie trademark right in specific geographic region where the trademark is

created.

The %$ &resh "oconut #upplier #dn $hd registered their trademarks in bottles design, coconut

design, ogo, its -%$ &resh "oconut #upplier #dn $hd name as well. This item of this %$

&resh "oconut #upplier has been trademarked to identify the goods and serices as being used

uni+uely.

In order for the %$ &resh "oconut #upplier to proe the trademark iolation, they need to show

the eidence 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 iolation, but if it is used for a production purpose then it/s consider as trademark

iolation.

In order to assist with its business, the %$ &resh "oconut #upplier creates arious inentions.

Thou the ones are not particularly uni+ue, it 7ust need to hae some element of noelty to be patented as been stated in the Patent 0ct of 148 and the Patent 9egulations of 1485 goern

patent protection in Malaysia.

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&or e!ample, the %$ &resh "oconut #upplier owns a patent of making -Plastic "ontainer has

been stated they een supply coconut drinks in plastic bottles, surely they does not been proided

with the rights to produce plastic containers, but this %$ &resh "oconut #upplier 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 aluable for the company. It is only known by a few people in the %$ &resh "oconut

#upplier company.

The original formula for making this fresh coconut drink was patented in the year of '. :nce

the duration of patent is e!pired, this formula can be used and also known by the public, to aoid

that it has been kept as a secret formula.

6mployees in this %$ &resh "oconut #upplier #dn $hd company will be assigned with a

contract saying that, each and eery trade secrets are not supposedly to be reealed to the public

or competitor.

The prediction of this company for the ne!t 3 to 1 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.

0ccording to the "onstitution of Malaysia ('4) each and eery company should hae register

themseles for this Intellectual Property. This is because Intellectual Property plays a eryimportant role in company deelopment as well as in the country deelopment.

0ccording to the Malaysia aw of une 1, 144 on "ompanies (art 4


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$esides that, according to the #ubsection 5() of the "opyright 0ct 1482, "opyright is infringed

by any person who circuments or causes any other person to circument any effectie

technological measures that are used by authors in connection with the e!ercise of their rights

under this 0ct and that restrict acts, in respect of their works, which are not authori*ed by the

authors concerned or permitted by law. Intellectual Property rights which has been made on the

copyrights of their bottles design, coconut design, ogo, its -%$ &resh "oconut #upplier #dn

$hd name as well also helps the company deelopment 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 ohor $ahru -M0>?0M0> TI@AAI M00B0 CI

:>:9 $0>9D In the case of %$ &resh "oconut #upplier #dn $hd Aan $oon %ah E 0nor,

the >igh "ourt of Malaya at ohor $ahru ad7udged Aan $oon %ah E 0nor to hae committed

the tort of misrepresentation and subse+uently granted interlocutory in7unction as prayed by the

%$ &resh "oconut #upplier #dn. $hd.

This case is all about 0t all material times the fresh coconut beerages of the P'()*+) -%$

&resh "oconut) hae been supplied, distributed and sold in packaging bearing a distinctie label

in substantially the form of the Plaintiff/s Mark, the label being in the shape of a circle printedupon a yellow


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0s a result thereof, the Plaintiff has suffered damage and is calculated to suffer further damage

unless the Cefendants/ 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 cured blue colored te!t

scroll and a -coconut deice in the centre of the label bearing the red color initials -$% would

confuse members of the public. %hen I compared the two trademarks carefully, I find that the

similar shape of the two trademarks with the pictorial deice of Fcoconut/ and the letters -$%

or F%$/ in red at the centre with its same yellow backdrop and the upwardly cured blue colored

te!t scroll, that is, -$% Thai "oconut and -&resh "oconut Thailand at the top of the label

would probably confuse a consumer in general.

Therefore, the >igh "ourt ad7udged that the Cefendants/ Mark was deceptiely similar to the

Plaintiff/s Mark and that the Cefendants had committed the tort of passing off and caused

misrepresentation to the consumers. #ubse+uently, the >igh "ourt granted in7unction in faor of

the Plaintiff.

0s in conclusion, eery indiidual should understand the importance of Intellectual Property for

themseles and also for their deelopment. 6en our former Prime Minister B.0.$ Cato/ #eri

0bdullah >7. 0hmad $adawi, says that -Intellectual Property is the current economic spinner

during the @ational Intellectual Property Cay '3. Intellectual Property is the foundation of a

countries economy.

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References

@.p., '13. %eb. 14 0pr. '13.

0dipen.com,. GMalaysiaH 0 Tale :f "oconut %ater 0CIPJ6@ (M) #C@ $>CG. @.p., '13.

%eb. 14 0pr. '13.

#ell1=2.com,. G%$ &resh "oconut #upplier #dn $hd, Malaysia, CistributorK%holesaler,

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%ipo.int,. GMalaysiaH IP aws 0nd TreatiesG. @.p., '13. %eb. 14 0pr. '13.

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Pressman, Caid. Patent It Yourself . $erkeley, "alif.H @olo, ''. Print.

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earning, '. Print.

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