descrimination& intelectual property.ppt

7/21/2019 Descrimination& Intelectual Property.ppt

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DESCRIMINATION &

INTELECTUALPROPERTY

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Discrimination refers to services that are biased against a particular

individual. Discrimination is an event that is common to human

society, is due to the human tendency to discriminate against others.Discrimination may be applicable in various contexts. It may be done

by individuals, institutions, firms, even the nation itself.

Unlawful workplace discrimination occurs when an employer takes

adverse action against a person who is an employee or prospectiveemployee because of the following attributes of the person such age,

gender, disability, health, race, religion and belief

This presentation is discusses only the discrimination of age,

disability, gender and HI!"ID# in the $alaysia workplace.

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*)(0 &a+! $ Ma&a'!a 0*%( 0*)(")*$ )* )*!( 2($3

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"ge discrimination also called ageism, is stereotyping of and discrimination

against individuals or group because of their age. It is a set of beliefs,

attitudes, norms, and value used to %ustify age based pre%udice and

discrimination.

&hat happen if we are in 'uala (umpur with )* years old and out of %obs+

&hat we can do for living on that age+

ablebodied men, they could try to be a guard

women, the work prospect is less after )*.

In -**, the /ederal $ills in 'lang was the retrenchment 012 worker who

had worked there for -* to -2 years. They are sub%ects to discrimination

because of their age. 3ther companies were also reluctant to employ them

although they are healthy and 4ualified for some %obs.

A3( %!"0$a)*$


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*)(0 &a+! $ Ma&a'!a 0*%( 0*)(")*$ )* )*!( 2($3

")!(% 2' )(!( 4*0! *4 %!"0$a)*$5

The meaning of disability is provided in "rticle 0 of the united 5ations 6onvention on the

7ight of 8erson with Disabilities 9-**:; as,


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In -**0, the (abor Department of the $alaysian $inistry of Human

7esources issued the code of 8ractice for the =mployment of the

Disable in the 8rivate #ector 9;.

Through the Disability 6ode sets out the certain responsibilities of

both the employer and the disable employee, like other similar codes

relating to employment, )(0( a0( $* &(3a& !a$")*$! 4*0 $*$7

"*&a$"(.

The $alaysia ?overnment was passed the 8erson &ith Disabilities

"ct -**@ 98D";. It will be )( 40!) !("4" a$)7%!"0$a)*$ &a+$ Ma&a'!a )a) a&(! $ )( +*09&a"(.

D!a2&)' %!"0$a)*$


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*)(0 &a+! $ Ma&a'!a 0*%( 0*)(")*$ )* )*!( 2($3

")!(% 2' )(!( 4*0! *4 %!"0$a)*$5

#ex or gender discrimination is treating individuals differently in their

employment specifically because an individual is a woman or a man. If

we have been re%ected for employment, fired, or otherwise harmed inemployment because of our sex or gender, then, we may have suffered

sex or gender discrimination.

?ender discrimination will create tensions, decrease production, causeconflicts, increase employee turnover and others.

The gender discrimination such breaks the gender right, agegender

and sexual harassment discrimination.

Gender discrimination


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In $alaysia, the gender discrimination is still happen until today. "rticle @

90; of /ederal 6onstitution guarantees e4uality before the law, while "rticle @

9-; of the federal constitution was amended in -**0 to prohibit the gender

discrimination.

The amendment to the constitution which added the word Agender> to that

provision only took effect from -@ #eptember -**@.

Before that the article @ 9-; of the /ederal 6onstitution only wrote about

religion, race, descent or place or birth.But, which more interesting about $alaysia gender discrimination is the new

amendment of article @ 9-; of /ederal 6onstitution is only bind public sector

and the private sector is exempted.

Beatrice a/p At Fernandez v Sistem Penerbangan Malaysia and Other (2004

!hayed bin Basir"n # Ors v $%%r&adilla bt Ahmad Sai'in (20

Breaks the gender right


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*)(0 &a+! $ Ma&a'!a 0*%( 0*)(")*$ )* )*!( 2($3

")!(% 2' )(!( 4*0! *4 %!"0$a)*$5

The minimum 7etirement "ge "ct -*0- and start will enforce -*01,

which addresses longer life spans, also deals with genderdiscrimination.

The new act was scuppered the case of eight former employee of

?uppy 8lastic Industries #dn Bhd. They were forced to retire in

Cune -**0 900 years old case; after the company, ?uppy 8lastic

Industries, enforce a thennew employee handbook rule stipulating

a retirement age of 2* for female employees and 22 for male

employees

Age-gender discrimination


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There is only law in existence that comes close to dealing with the

issue of sexual harassment in $alaysia8enal 6ode, section 2*. The

existing law deals more with physical aspects. #exual harassment

cases are currently handled by the police and claims are made under

the 8enal 6ode, #ection 2*.

in 0, the A6ode of 8ractice on the 8revention and =radication of

#exual Harassment in the workplace> was promulgated 9#exual

Harassment 6ode;.

The sexual Harassment 6ode is $*) &(3a&&' 2$%$3, but companies

are expected to adopt its recommendation.

S(-#a& Ha0a!!($)


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*)(0 &a+! $ Ma&a'!a 0*%( 0*)(")*$ )* )*!( 2($3

")!(% 2' )(!( 4*0! *4 %!"0$a)*$5

The Human 7esources $inistry Department of 3ccupational #afety and Health has

a code of 8ractice on 8revention and $anagement of HI!"ID# at the workplace.

It places emphasis on the employers responsibility to be a non%udgmental and to

have in place nondiscriminatory policies for HIpositive employees.

They 9HI!"ID# employee; have the right to continue to work as long as they are

able to and do not pose any danger to themselves, their coworkers and other

individuals at work. The procedure for termination of employment on medicalgrounds for them should be the same as for as any other disease.

$andatory preemployment HI testing is a gross discrimination against HI

patients and is unacceptable. However, confidential voluntary HI blood testing isencouraged, with proper pre and post testing counselling

HIV/AIDS D!"0$a)*$


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2. A0( )( &a+! $ UK )* 0*)(") )*!(

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Ma&a'!a$ &a+5


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E:UALITY ACT 6;1;8rotect from discrimination, harassment and

victimiFation at workplace and society

- main purposesG

i. to harmoniFe the discrimination law

ii. to strengthen the law in order to support

the progress on e4uality

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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E:UALITY

ACT 6;1;

E8#a& Pa'

A") 1


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AGE DISCRIMINATION

#ection 2, =4uality "ct -*0*

8rotect from age discrimination includingG

7ecruitment

=mployment terms and conditions

8romotions and transfers

Training

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

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EXAMPLES

R()0(($) a3(

Dont set retirement age

T0a$$3

Training providers cannot set upper or lowerage limit for training unless they can ob%ectively

%ustify the needs

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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2 A & UK 2 % 2


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B("9 Ca$a%a$ I(0a& Ba$9 O4 C*(0"(

@CIBC

"chim Beck investment banker

6ompany was in the processes of hiring head huntersseeking a younger, more entrepreneurial profileA issue

internal memo

younger in the memo less experienced as opposed to

older and staidA explained by Beck

Cudges decision company failed to ade4uately prove

that age was not a factor in dismissal of Beck

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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2 A ) & UK ) ) ) ) 2 ) % 2 )


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DISABILITIES DISCRIMINATION

Unlawful for employers to discriminate

against people with disabilities for a reason

related to their disabilities in all respect of

employment unless it can be %ustified

#ection E, =4uality "ct -*0*

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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2 A ) & UK ) ) ) ) 2 ) % 2 )


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C*(0a3( *4 )( a")G

"pplication forms%ob descriptions

personnel specifications

recruitment advertisingthe application process

shortlisting and

interviewing arrangementsselection testing

arrangements

medical 4uestionnaires and

assessments

references

%ob offersterms of employment

harassment

pregnancy, maternity andadoption rights

promotion, transfer or

training opportunities

workrelated benefits,

such as access to

recreation or refreshment

facilities

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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2 A ) & UK ) ) ) ) 2 ) % 2 )


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R#!!(& F*- P0$) S(0"(! LLP a$% a$*)(0$r. 7ussel suffering depression, taking several periods

of sick leave

=mployer invited him for a meeting but he failed toattend due to health problem

$eeting proceed in his absence

Cudge decision $r. 7ussel was not disabled as

disability not lasting for 0- months

Disabilities by meaning and definition have to prove first

before any discrimination on disabilities can be claimed

to other party

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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2 A ) & UK ) ) ) ) 2 ) % 2 )


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B&&() M$!)0' O4 D(4($"(

acting lance corporal in the 7oyal (ogistics 6orps

suffered a nonfreeFing cold in%ury to his feet when

engaging in exercises in cold weather

$inistry of Defence admitted liability to pay :2J of

the damages

Cudge has a well said that Billet satisfies the =4uality"ct -*0* definition of Adisability> that the impact of

the disability substantially limits the personKs ability

to carry out normal day to day activities

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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2 A ) & UK ) ) ) ) 2 ) % 2 )


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HIV/AIDS DISCRIMINATION

=4uality "ct defines everyone diagnose with HI!"ID#

as disabled

8rohibition of health 4uestionnaires prior to an offer ofan employment

Benefit from the 8ublic #ector =4uality Duty all public

bodies have to have due regard to the need to promote

e4uality and eliminate discrimination

The U' Data 8rotection "ct 0@ also protects those

people living with HI!"ID#

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

25

2 A ) & UK ) ) ) ) 2 ) % 2 )


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S"*)) Wa))! H3 :#a&)' L4(!)'&( L)%.

Disclosed his HI status after five months

employment&hen he disclosed his status, he was

suspended while his employers carried out a

somewhat superficial risk assessment

Cudge decision The employer never seriously

considered any reasonable ad%ustments and so

the employee won on these grounds

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

26

2 A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(


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SEXUAL ORIENTATION

The definition of sexual orientation isG

8eople of the same sex as him or her 9in otherwords the person is a gay man or a lesbian;

8eople of the opposite sex from him or her

9the person is heterosexual;

8eople of both sexes 9the person is bisexual;.

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

27

2 A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(


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The coverage of protection under the =4uality "ct -*0* is asfollowsG

recruitment

terms and conditions

pay and benefits

status

training

promotion transfer opportunities

redundancy

dismissal

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

28

2 A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(


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F#&&(0 U$)(% H(a&)"a0( S(0"(! I$". a$%

a$*)(0

/uller is a U# citiFen whose home is in Texas

=mployment relationship was at willA both partiescould terminate it at any time and for any reason andall employment disputes would be determined solely

by arbitration, administered by the "merican"rbitration "ssociation

The sexual orientation issue, the =4uality "ct -*0*has silent about the territory scope but that 8arliamentcannot have meant to restrict rights in enacting thatlegislation

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

29

2 A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(


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CONCLUSION$alaysia has no specific laws in protecting

the discrimination at workplace

8rotect only under =mployment "ct 022

U' protect the discrimination at workplace

with =4uality "ct -*0*

2. A0( )( &a+! $ UK )* 0*)(") )*!( 2($3 ")!(% 2' )(!(

4*0! *4 %!"0$a)*$! a0( %44(0($) 40* Ma&a'!a$ &a+5

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6 IS THE LAW ON INTELLECTUAL

PROPERTY LAW IS EFFECTIVE TO

COMBAT OR FIGHT UNETHICAL

PRACTICES OF INTELLECTUAL

PROPERTY IN MALAYSIA5

6 IS THE LAW ON INTELLECTUAL PROPERTY LAW IS


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Intellectual 8roperty 9I8; is the idea that its sub%ect is the product of the

mind or the mental power that could be in the form of 8atents,

Trademarks, Industrial Designs and 6opyright.

Its can protected through law, like any other form of property can be a

material of trade, that is, it can be owned, be4ueathed, sold or bought.

Intellectual property rights in $alaysia started as early as the 0@**s

during the #traits #ettlement days

$alaysian intellectual property laws are fairly similar with the laws of

other 6ommonwealth countries and more or less in accordance with

international practice.

$alaysia is a member of the &orld Intellectual 8roperty 3rganiFation

9&I83; and a signatory to the 8aris 6onvention and Berne 6onvention

Introduction


EFFECTIVE TO COMBAT OR FIGHT UNETHICAL PRACTICES OF

INTELLECTUAL PROPERTY IN MALAYSIA5



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".6opyright

6opyright exists in original works

There are few segments in copyright such as literary works, musical works,

artistic works, films, sound recording and broadcast.The 6opyright "ct 0@: in $alaysia provides comprehensive protection forcopyrightable works.

=xampleG

6opyright protection in literary, musical or artistic works is for the duration of the

life of the author and 2* years after his death. In sound recordings, broadcasts and films, copyright protection is for 2* yearsafter the works are first published or made.6aseG

" newspaper reporter interviewed a wellknown %ockey regarding his racingexperiences and published articles in his newspaper with the %ockeys consent case.




C**$($)! *4 I$)(&&(")#a& P0*(0)' @IP



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B. Design, Trademark or 8atternThe design may consist of threedimensional features such as the

shape and configuration of an article, or twodimensional features, such

as pattern and ornamentation.

The (ayout Designs of Integrated 6ircuit "ct -*** provides for theprotection of layout designs of integrated circuits based on originality.

=xampleG

The "ct is implemented in compliance with the T7I8# "greement to

provide a guarantee to investors in $alaysiaKs electronics industry and

to ensure the growth of technology in the country

6ase G

"nton 8iller '? v $anufacturing 8rocesses (td 90:E;



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6. 8atent

8atents are grants given to owners by the government which give the

owner an exclusive right over the invention that they have created.

The 8atents "ct 0@1 and the 8atents 7egulations 0@E govern patent

protection in $alaysiaIn accordance with T7I8#, the 8atents "ct stipulates a protection

period of -* years from the date of filing of an application

=xampleG

T7I8#, under the scope of compulsory license, the "ct allows forimportation of patented products that are already in the other countriesK

market 9parallel import;.

6ase

6ase 'evin David $itnick



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D. Trad!ar"C#$%%'% #( a d)*+ ,ra$d+ -ad$+ /a,/+ '*"'+

$a!+ %$a'r+ #rd+ /''r+ $!ra/ #r a$

*#!,$a'#$

I' r#)d% '-r #$r% '- '- /a/ r-' '# r)$'#'-r% (r#! %$ a$ d$'*a/ #r *#$(%$/ %!/ar

!ar"

I$ Ma/a%a Trad !ar" r#'*'#$ % #)r$d , '-

Trad Mar"% A*' 1976 a$d '- Trad Mar"% R/a'#$%1997

Ea!/

TRIPS+ r#-,' '- r%'ra'#$ #( //"$#$ 'rad

!ar"% , $a'-#rd r%#$% a$d r#)d% (#r ,#rdr



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"ll businesses that wish to invest or trade in $alaysia should consider

registered their rights in $alaysia

$inistry of International Trade and Industry 9$ITI; the bodies

controlling all the I8 brands.

Important to respect intellectual property rights in order for consumer

to have trust to buy products

8revent infringement on intellectual property rights copyrights,

trademarks, patent, industrial designs.

Conclusion


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descrimination& intelectual property.ppt

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