ENGINEERING IN

SOCIETY
TITTLE: COPYRIGHT
GROUP MEMBERS:
1. ABDULLAH ARIFUDDIN B ASHARI CE089756
2. AMIRUL MURSHIDI B MOHD RAZALI
CE089758
3. NUR ATIQAH BT ZAINAL CE089786
4. NUR SYAHIRAH BT MOHD SHUHIMI CE089788
5. NUR ZUKRINA BT ZUHAIRI
CE089789
LECTURER: PROF IR DR NORASHIDAH
SECTION: 05
GROUP NO: 08

INTELLECTUAL PROPERTY
Refers to creation of mind

INTELLECTUAL
PROPERTY

COPYRIGHT

INDUSTRIAL
PROPERTY

COPYRIGHT
Legal term describing rights given to creators for
their literary and artistic works.
Related Rights are granted to performing artists,
producers of sound recordings and broadcasting
organizations.
Protected automatically in some conditions.

WHAT DOES COPYRIGHT

PROTECT?

Literary
works

Musical
works

Artistic
works

Films

Sound
recording
s

Broadcas
ts

Derivativ
e works

COPYRIGHT - ORIGINALITY
Work must be originated from author
and some effort must have gone into
creation of work.
No Originality: Work is slavish copy of
another work.

DURATION
For Literary, Musical or Artistic works:
a) The life of author + 50 years after
his/her death.
b) If the work has not been published
during the lifetime of the author, the
expiration date will start at the first date of
the work publish and continue for the next
50 years.
c) If the author combine their work, the
Copyright will be given starting from the

DURATION
PUBLISHED EDITION
a) Expiry of the copyright begin on
the next year from year of the
work published in the period of 50
years.

CASES UNDER COPYRIGHT

ACT 1969
ACT 1987

LAU FOO SUN V GOVERNMENT

OF MALAYSIA 1974

What is the case about?

Copyright and Literary work
Whether engineering drawings and designs
prepared by engineer constitute original
"literary works" -- Copyright Enactment (FMS
Cap 73), ss 2, 3 & 8
Engineering drawings and designs

Summary of case
The appellant, a chartered civil and structural
engineer, had claimed a declaration that he
was entitled to the copyright in the
engineering drawings and designs prepared
by him for the construction of double-storey
classrooms for school for the Government.
It was held in the High Court ( [1970] 1 MLJ
20)

Summary of case
The respondent had not rebutted the presumption
that copyright existed in the appellant's works, as
they had failed to prove that the appellant's works
were nothing more than direct tracings of other
original works or drawings.
The engineering drawings and designs were
"literary work" within the meaning of the
Copyright Enactment and they were also "original
literary work" within the meaning of the
Enactment.

Result of the case

The appellant shall have the refund of his
deposit.
Accordingly, there will be an order for
account in respect of the use of the drawings
in the series 61020 which have not been
bought by the Ministry and any amount
found due under clause 14 upon taking such
account shall be paid to him.

CANCELLATION, REMOVAL &

REINSTATEMENT OF REGISTRATION
Referred to REGISTRATION OF ENGINEERS ACT
1967 Part IV :
Section 15 : Cancellation of Registration
Section 16: Removal of Registration
Section 17: Reinstatement of Registration

LONGMAN MALAYSIA SDN BHD V

PUSTAKA DELTA PELAJARAN SDN BHD

22 September 1986

"LIST OF MAIN SIMILARITIES BETWEEN THE

PLAINTIFFS' LITERARY WORK ENTITLED
"KURSUS ULANGKAJI RAMPAIAN SAINS" AND
THE
DEFENDANTS"
LITERARY
WORK
ENTITLED "KURSUS LENGKAP PEPERIKSAAN
SPM RAMPAIAN SAINS."

Plaintiffs' Literary Work Entitled "Kursus

Ulangkaji Rampaian Sains."
1.
The division of chapters (15
chapters) and the wordings in pages
vii to x.

2.

3.

4.

5.

6.

7.

8.

9.

10.

The table in page 26.

The diagrams depicted in page 34

under Rajah 3.1 and 3.2.

The table on page 57.

The diagrams and labels in page 71

under Rajah 5.11.

The diagrams and labels in page 71

under Rajah 5.12.

The diagram in page 72 under Rajah

5.13.

The diagram in page 73 under Rajah

5.14.

The diagram in page 73 under Rajah

5.15.

The diagram in page 90 under Rajah

Defendants' Literary Work Entitled "Kursus

Lengkap Peperiksaan SPM Rampaian Sains."
1.
The division of chapters (15
chapters) and the wordings in pages
vii to x almost the same (especially
in pages vii and viii).

2.
The table in page 19.

3.
The diagrams depicted in 27 under
Rajah 3.1

4.
The table on page 53.

5.
The diagrams and labels in page 63
under Rajah 5.10.

6.
The diagrams and labels in page 64
under Rajah 5.11.

7.
The diagram in page 64 under Rajah
5.12.

8.
The diagram in page 65 under Rajah
5.13.

9.
The diagram in page 66 under Rajah
5.16.

10.
The diagram in page 83 under Rajah

Plaintiffs' Literary Work Entitled "Kursus

Ulangkaji Rampaian Sains."

11.
The table in page 122 under 8.3 -under the heading Keputusan for
column C -- "Lemak dan Minyak" -the statement 'Lemak dan minyak
memberikan tanda lutsinar yang
kekal lama.' The reprinted copy has
the corrected version which reads
'lemak dan minyak memberikan
tanda lutcahaya yang kekal lama.'

12.
The diagram in page 137 Rajah 9.15.

Defendants' Literary Work Entitled "Kursus

Lengkap Peperiksaan SPM Rampaian Sains."

11.
The table in page 107 under 8.2 -under the heading Keputusan for
"Lemak dan Minyak" -- the
statement 'Lemak dan minyak
memberikan tanda lutsinar yang
kekal lama' is the same.

13.

13.

14.

The diagram in page 176 under

Rajah 12.3 -- in the first printing (in
1979 due to printing error one dot
has been missed out on the second
bar from the left (left diagram). The
error has been subsequently
corrected in the reprint.

The diagram in page 177 under

Rajah 12.7.

12.

14.

The diagram in page 121 under

Rajah 9.16.

The diagram in page 158 under

Rajah 12.6 the dot has also been
missed out on the second bar from
the left (left diagram).

The diagram in page 162 under

Rajah 12.13."

Lawyer ordered that an injunction do

issue, to restrain the defendant
whether by itself, its directors,
officers, servants or agents or any of
them or otherwise howsoever from
doing the following acts or any of
them that is to say :

 (i) reproducing without the license of the

Plaintiff any copies of the work entitled
KURSUS LENGKAP PEPERIKSAAN SPM
RAMPAIAN SAINS TERBITAN PERTAMA
1980 or any other reproduction of the
Plaintiffs literary works entitled KURSUS
ULANGKAJI
RAMPAIAN
SAINS
or
authorizing any of the acts aforesaid or
otherwise infringing the Plaintiffs copyright
in the said literary works entitled KURSUS
ULANGKAJI RAMOAIAN SAINS;

(ii) selling by way of trade, exposing or

offering for sale or distributing for the
purpose of trade without the license of the
plaintiffs any copies of the said literary works
entitled KURSUS LENGKAP PEPERIKSAAN
SPM RAMPAIAN SAINS TERBITAN PERTAMA
1980 or any other reproductions of the
plaintiffs said work entitled KURSUS
ULANGKAJI RAMPAIAN SAINS and from
authorizing any of the acts aforesaid ;

 Lawyer ordered the defendant to

deliver up all infringing copies and
plates in its possession, power,
custody or control.
. Lawyer ordered an inquiry as to
damages or at the plaintiffs option
an
account
of
profits
and
payments of all sums found due
upon such inquiry or account with
interest thereon
. Lawyer also ordered payment of
costs by the defendant.

GOODYEAR TIRE & RUBBER CO & ANOR v

SILVERSTONE TIRE & RUBBER CO SDN BHD
Overall

Idea Fuction
& Design of
Tyre

Copyright
Issue

Case Dismiss

GOODYEAR TIRE & RUBBER CO & ANOR v

SILVERSTONE TIRE & RUBBER CO SDN BHD
CASES

In this case, there are two plaintiff which the first

plaintiff was the manufacturer and seller and the second
plaintiff was the Malaysian importer and seller of
Aquatred tyres.
From the plaintiffs perspective, the Aquatred tyres has a
unique and distinctive get up, namely, the centre groove,
and that the defendant's Aquagrip tyres were reproduced
either from the plaintiff's drawings or from the Aquatred
tyres by reverse engineering.

 With regard to passing off, the plaintiffs

argued that they had acquired a
substantial degree of reputation and
goodwill in the Aquatred tyres in that
the get up was distinctive of the
plaintiffs by reason of extensive use,
sales and promotion in the United
States and Malaysia.
The defendant contended that the
plaintiffs were seeking to protect the
function of the Aquatred tyres which
were not protected by copyright law.

RESULT

The case are dismiss based on a few factor

that has been considered. Originally copyright
law was concerned with the field of literature
and the arts but, in seeking, in particular, to
keep up with advances in technology, the
protection given by copyright law has been
considerably expanded over the years.

But in this case, copyright law is not

concerned with the reproduction of ideas, but
with the reproduction of the form in which
ideas are expressed. The plaintiffs were
seeking to protect the idea of the function of

RESULT

Since the Aquatre tyres had been in the

Malaysian market for only eight months
when this action was brought, it was too
short a time to establish any goodwill and
reputation. Since all tyres would have the
brand names and tyre names imprinted on
them, no confusion would arise as
customers would, in practice, have chosen
the brand first before deciding on the type
of tyre they wanted.

CONCLUSION
We have learned legal term and also know
that the copyright is belong to the original
author.
As an engineer, we have to avoid to do
copyright infringement in the future
because we realize the important of the
integrity as an engineer.
We must practise as an engineer in the
future with full of ethics and dedication.

THANK YOU