On 27 September 2012, Malaysia deposited at WIPO its instrument of accession to the WIPO Copyright Treaty (WCT) and WIPO Performances & Phonograms Treaty (WPPT). Both treaties will come into force locally on 27 December 2012. This is a fulfillment of the amendments made to the Copyright Act that came into effect on 01 March 2012.

Under the WCT, two subject matters are specifically provided for i.e. the protection by copyright for computer programs (whatever may be the mode or form of their expression) and compilations of data that constitute intellectual creations. The Treaty also extends the exclusive rights of authors to distribution, rental and communication of the works to the public; subject to certain limitations. Finally, the Treaty obliges contracting parties, like Malaysia, to provide legal remedies against the circumvention of technological measures used by authors to prevent the removal or altering of information. This is now part of the new Sections 36A and 36B of our Act.

The general provisions of WPPT are similar as the WCT, but the beneficiaries of rights under this Treaty are performers (actors, singers, musicians, etc.) and producers of phonograms.

Please contact us for more information.