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Figure 3 show that people agreed that Malaysia has enforced enough punishment which is 55 %. Malaysia has copyright Act 1987 that confers copyright on and protects computer programs (software). Under the Act, if user or company is caught with illegal copies of software, they may face criminal prosecution. If user is convicted for offences relating to infringing copies of software, user face not only a criminal record, but also a fine of up to RM 10,000 for each infringing copy, a prison sentence of up to 5 years, or both. 45% are disagreed that Malaysia has enforced enough punishment

1. What is Law?
Malaysia’s Copyright Act 1987 came into effect on 1 December 1987, replacing the Copyright Act 1969. The 1987 Act confers copyright on and protects computer programs (software).

The 1987 Act was amended in 1990 to ensure compliance with the prescribed standards and minimum requirements under the Berne Convention. The Copyright (Application to other Countries) Regulations 1990 came into force on 1 October 1990, the day Malaysia acceded to the Berne Convention.

2. What are the penalties?
Under the Act, if you or your company is caught with illegal copies of software, you may face criminal prosecution. If you are convicted for offences relating to infringing copies of software, you face not only a criminal record, but also a fine of up to RM 10,000 for each infringing copy, a prison sentence of up to 5 years, or both.

For all these offences, the penalties are increased two-fold in subsequent convictions. The copyright owner may also bring a civil action against you and/or your company, claiming damages, an injunction (a court order to restrain you and/or your company from further infringements), an account of profit and other reliefs.

Under the 1972 Trade Description Act 1972, it is an offence for a person to apply a false trade description to goods or supply goods to which a false trade description has been applied. If you are found guilty, you are subject to a fine up to RM 100,000 and/or a prison sentence of up to 3 years for the first offence. For subsequent offences, you face a maximum fine of RM 200,000 and/or a prison sentence of up to 6 years.

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