Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options

The burgeoning of online piracy enables copyright materials to be routinely downloaded and exchanged for free, without any deliberate intention to infringe copyright. These acts were done for the purpose of sharing and attract no commercial value, and, hence, may not be considered as culpable crimin...

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Main Authors:	Ida Madieha, Abdul Ghani Azmi, Lim, Heng Gee, Tay, Pek San, Sik, Cheng Peng
Format:	Article
Language:	English English English
Published:	Kluwer Law International 2018
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/64044/ http://irep.iium.edu.my/64044/ http://irep.iium.edu.my/64044/1/64044_Trans-Pacific%20Partnership%20Agreement%20Minus.pdf http://irep.iium.edu.my/64044/2/64044_Trans-Pacific%20Partnership%20Agreement%20Minus_SCOPUS.pdf http://irep.iium.edu.my/64044/13/64044_Trans-Pacific%20Partnership%20Agreement%20minus_WOS.pdf

id	iium-64044
recordtype	eprints
spelling	iium-640442019-01-03T06:59:11Z http://irep.iium.edu.my/64044/ Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options Ida Madieha, Abdul Ghani Azmi Lim, Heng Gee Tay, Pek San Sik, Cheng Peng K Law (General) KPG Malaysia The burgeoning of online piracy enables copyright materials to be routinely downloaded and exchanged for free, without any deliberate intention to infringe copyright. These acts were done for the purpose of sharing and attract no commercial value, and, hence, may not be considered as culpable criminal conduct because of the lack of intention. The Trans-Pacific Partnership Agreement (TPPA) introduces enhanced criminal provisions which are much harsher than the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) with a view to fight online copyright piracy. Even though the United States of America (US) have withdrawn from the Agreement, the other eleven countries are attempting to revive the Agreement, minus the US. The possibility of the Agreement being eventually implemented by the eleven-member countries is still real. This article examines two new criminal provisions introduced by the TPPA. The first is the criminalization of wilful copyright infringement even if carried out on a non-commercial basis. The second is the culpability of aiding and abetting of copyright offences. As these provisions are already in place in US law, reported judgments from the US on corresponding provisions would be examined. The article concludes with choices that Malaysia could consider in the event these two new obligations are implemented. Kluwer Law International 2018 Article PeerReviewed application/pdf en http://irep.iium.edu.my/64044/1/64044_Trans-Pacific%20Partnership%20Agreement%20Minus.pdf application/pdf en http://irep.iium.edu.my/64044/2/64044_Trans-Pacific%20Partnership%20Agreement%20Minus_SCOPUS.pdf application/pdf en http://irep.iium.edu.my/64044/13/64044_Trans-Pacific%20Partnership%20Agreement%20minus_WOS.pdf Ida Madieha, Abdul Ghani Azmi and Lim, Heng Gee and Tay, Pek San and Sik, Cheng Peng (2018) Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options. Journal of World Trade, 52 (3). pp. 461-477. ISSN 1011-6702 http://www.kluwerlawonline.com/abstract.php?area=Journals&id=TRAD2018020
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Ida Madieha, Abdul Ghani Azmi Lim, Heng Gee Tay, Pek San Sik, Cheng Peng Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options
description	The burgeoning of online piracy enables copyright materials to be routinely downloaded and exchanged for free, without any deliberate intention to infringe copyright. These acts were done for the purpose of sharing and attract no commercial value, and, hence, may not be considered as culpable criminal conduct because of the lack of intention. The Trans-Pacific Partnership Agreement (TPPA) introduces enhanced criminal provisions which are much harsher than the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) with a view to fight online copyright piracy. Even though the United States of America (US) have withdrawn from the Agreement, the other eleven countries are attempting to revive the Agreement, minus the US. The possibility of the Agreement being eventually implemented by the eleven-member countries is still real. This article examines two new criminal provisions introduced by the TPPA. The first is the criminalization of wilful copyright infringement even if carried out on a non-commercial basis. The second is the culpability of aiding and abetting of copyright offences. As these provisions are already in place in US law, reported judgments from the US on corresponding provisions would be examined. The article concludes with choices that Malaysia could consider in the event these two new obligations are implemented.
format	Article
author	Ida Madieha, Abdul Ghani Azmi Lim, Heng Gee Tay, Pek San Sik, Cheng Peng
author_facet	Ida Madieha, Abdul Ghani Azmi Lim, Heng Gee Tay, Pek San Sik, Cheng Peng
author_sort	Ida Madieha, Abdul Ghani Azmi
title	Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options
title_short	Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options
title_full	Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options
title_fullStr	Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options
title_full_unstemmed	Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options
title_sort	trans-pacific partnership agreement minus one and enhanced criminal penalty for online copyright piracy: malaysia’s options
publisher	Kluwer Law International
publishDate	2018
url	http://irep.iium.edu.my/64044/ http://irep.iium.edu.my/64044/ http://irep.iium.edu.my/64044/1/64044_Trans-Pacific%20Partnership%20Agreement%20Minus.pdf http://irep.iium.edu.my/64044/2/64044_Trans-Pacific%20Partnership%20Agreement%20Minus_SCOPUS.pdf http://irep.iium.edu.my/64044/13/64044_Trans-Pacific%20Partnership%20Agreement%20minus_WOS.pdf
first_indexed	2023-09-18T21:30:49Z
last_indexed	2023-09-18T21:30:49Z
_version_	1777412498852413440

Trans-Pacific Partnership Agreement minus one and enhanced criminal penalty for online copyright piracy: Malaysia’s options

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