Malaysia—Criminal Sanctions, Working in Tandem with Civil Enforcement of IP Rights

Abstract This chapter explores the dual-track system of intellectual property (IP) enforcement in Malaysia, where criminal sanctions supplement civil remedies to strengthen IP protection. Malaysia’s IP framework encompasses multiple statutes including the Copyright Act 1987, the Trademarks Act 2019, the Geographical Indications Act 2022, and others. Criminal sanctions are available under select statutes such as the Copyright Act, the Trademarks Act, and the Geographical Indications Act, criminalizing unauthorized commercial dealings in protected works. Criminal enforcement is carried out by the Enforcement Division of the Ministry of Domestic Trade and Cost of Living. Offences under these statutes are generally of a strict liability nature, with penalties ranging from fines to imprisonment. Civil remedies include injunctions, damages, accounts of profits, statutory damages, and interlocutory reliefs such as ‘Anton Piller’ orders. IP licensees may also initiate legal action under specific conditions. Border enforcement measures are available, particularly under the Trademarks Act, offering robust tools to curb the importation of infringing goods. The interplay between criminal and civil actions is examined through case studies, illustrating concurrent or consecutive application. The chapter also addresses policy issues such as the absence of certain safeguards in copyright border enforcement and the need for clearer legislative provisions on parallel importation. Overall, Malaysia’s integrated enforcement regime is designed to deter infringement and attract foreign investment by ensuring credible protection of IP rights through both punitive and remedial mechanisms.