yowkee essential

[via Aisehman] What’s the impact if Malaysia government insist to appy Price Control Act on CD, VCD, DVD and computer softwares? As this The Straits Times news pointed out, our government might be in breach of WTO agreement on intellectual property rights:

Lawyers also argue that by forcing copyright owners to lower prices, the government could be in breach of a World Trade Organisation (WTO) agreement on intellectual property rights.

The agreement makes it clear that no signatory should do anything that would ‘unreasonably prejudice the legitimate interests of the right holder’.

The Straits Times understands that the United States is looking into whether Malaysia is breaching its commitments under WTO or any other agreement by making CDs and VCDs price-controlled items.

And software vendor like Microsoft and BSA are worried about the price control would open a back door to Singapore and Thailand users. As

it is perfectly legal for consumers to buy licensed software from abroad for use in their home countries.

MDC compiled the feedback of local companies which related to digital product and voice out a “No”. The local legal experts have the same worry :

Meanwhile, legal experts said that the imposition of price controls in certain cases could contravene Malaysia’s obligations under international trade agreements to which the country has acceded.

These include the Asean Free Trade Agreement (Afta), and those related to Asia Pacific Economic Cooperation (Apec) and the World Trade Organisation (WTO).

“Price control is normally used to control prices of essential items such as meat and vegetables,” said Benjamin J. Thompson, an intellectual property (IP) lawyer with law firm Sharizat, Rashid and Lee.

“This is the first time it’s being applied to digital products.”

May be our government would like to do it our own way, but please do more analysis before making decision.