Understanding Voluntary Copyright Notification in Malaysia

We were privileged to assist Reams Technologies Sdn Bhd in securing a copyright certificate for their innovative "Reams Software." This crucial step provided Reams Technologies with the added legal certainty and proof of ownership they needed for their valuable software. The successful notification of their copyright through MyIPO has empowered Reams Technologies Sdn Bhd to confidently develop, market, and license their software, knowing their intellectual property is officially recognized and protected.Reams Software is an innovative tool designed to streamline and automate building maintenance schedules, with a particular focus on preventive maintenance strategies.

Copyright Certificate of Reams Software

Picture of me and Yeoh Mun Foong, founder of Reams Technologies Sdn Bhd

Copyright is an essential legal protection for creators, safeguarding their original works from unauthorized use. In Malaysia, copyright protection is automatic upon the creation of an original work, meaning you don't have to register it to be protected. However, a voluntary copyright notification system exists through the Intellectual Property Corporation of Malaysia (MyIPO), offering significant advantages for creators.

What is Voluntary Copyright Notification?

Voluntary copyright notification is a process where creators can formally record details of their copyrighted work with MyIPO. While not mandatory for copyright protection, it serves as an official record and can be highly beneficial in proving ownership and deterring infringement.

Benefits of Copyright Notification

Opting for voluntary copyright notification offers several compelling benefits:

1. Prima Facie Evidence of Ownership: A copyright certificate issued by MyIPO acts as prima facie evidence in any legal proceedings. This means it is accepted as true unless proven otherwise, significantly strengthening your position in cases of infringement.

2. Deterrent to Infringement: The existence of an official copyright record can deter potential infringers. Knowing that the creator has formally documented their ownership makes it less likely for others to misuse the work.

3. Facilitates Licensing and Assignment: Having a clear, officially recognized record of ownership makes it easier to license your work to others or assign your copyright to another party. This provides greater certainty and security for all involved.

4. International Recognition: While Malaysian copyright is territorial, a local notification can be a useful document when seeking copyright protection or enforcing rights in other jurisdictions, often serving as a foundational piece of evidence.

5. Valuable Asset for Business: For businesses, copyrighted works like software, marketing materials, or design elements are valuable intellectual property assets. Notifying these works enhances their tangible value and can be crucial for mergers, acquisitions, or investment.

Works That Can Be Submitted for Notification

A wide range of original works can be submitted for voluntary copyright notification, including but not limited to:

• Literary Works: Novels, poems, articles, scripts, textbooks, research papers, and literary compilations.

• Artistic Works: Paintings, drawings, sculptures, photographs, and illustrations.

• Musical Works: Compositions and arrangements.

• Software: Source code, object code, and related documentation.

In conclusion, while copyright protection is automatic, voluntary copyright notification in Malaysia offers invaluable benefits that can significantly strengthen a creator's position. It provides a robust legal foundation, acts as a deterrent against infringement, and streamlines the management of your intellectual property. We encourage all creators to consider this important step in safeguarding their original works.

List of IPs in MySejahtera - What We Learn

On 31 March 2022, Khairy Jamaluddin said that the Ministry of Health (MOH) owns the personal data, the app, the module, intellectual property, source code and trademark. "The data is secure, it's hosted on a server in Malaysia, and it's owned by MOH. Whatever happens in terms of (the) court dispute between two companies, that's nothing to do with us," reported Khairy. On 5 April 2022, the health minister stressed that MOH owns the data, the app's module and brand.

In the Apple Store and Google Play, MySejahtera is listed as an application developed by the Government of Malaysia to assist in managing Covid-19 outbreak in the country. There are 53 and 57 applications listed by the developer called the Government of Malaysia in the Apple Store and Google Play, respectively.

MySejahtera is owned by the Government of Malaysia in Google Play

As a MySejahtera user and an IP expert, allow me to share my insights on the IPs in MySejahtera as CSR.

MySejahtera is a computer program. It is written by programmers in source code. Instructions are written in source code on what the programmer intends the program to perform. Programs are usually in a computer language such as C or Java. The source code is then compiled into object code that acts as instructions to be carried out by the computer. Object code are computer codes in binary numbers - in a series of 1s and 0s.

Programmers usually hide source codes that are proprietary. The program that we download and execute are in object code. Microsoft software, Apple software and Adobe software are usually proprietary. Source code which are not proprietary are known as open source code. Unix software, Chrome software and Android software are open source. I'm not going to discuss further the difference of proprietary and open source code.

MySejahtera gathers and stores data. The personal data includes name, IC number, contact number, vaccination record, infection record and venue check in. There are 38 million registered users of MySejahtera. 

Source code and object code are computer program in a computer language. Computer program are recognised as literary work in the Copyright Act 1987. The programmers that wrote the source code is considered as the author of MySejahtera. Authors have moral right over their literary work.

On the other hand, works which are eligible for copyright made under the direction of the Government shall vest in the Government. There is no dispute that MySejahera was developed under the direction of the Government. 

List of Programs owned by the Government of Malaysia in App Store

Public data was entered by users under the instruction of the Government. Database is protected by copyright. Hence, I agree with Khairy that the Government owns the codes and database of MySejahtera.

I guess there are two questions that MOH need to address. 

First, the use of the database. There is an ongoing concern that this information can be abused. Lowyat reported several incidences of personal data for sale. Personal data is a form of intangible data that can be easily replicated for a number of uses. Hence, it is extremely valuable. I suggest MOH to make it a crime over unauthorized use of MySejahtera database. Whistle blowers who report such abuse shall be rewarded and protected. This can ease public concern over the abuse of data.

Second, who shall maintain MySejahtera? I'm not sure that MOH knows how to handle the source codes. MOH would need a reliable vendor to maintain MySejahtera. The first choice would be the original programmers who have authored the source code, I personally recognise that IP should provide an advantage in public procurement. The government should recognize IP in order for the nation to generate more IP. The value of procurement is another matter that can be determined in fair valuation method. I believe that MOH and the vendor can agree over a common software as a service value.

These are my views based on news report which are not intended as legal advice. I wish MOH well in owning and managing MySejahtera. I would continue my daily use of MySejahtera for check ins.