Malaysia International Intellectual Property Alliance (IIPA) 2013 Special 301 Report on Copyright Protection and Enforcement, February 8, 2013

The report argues that (1) Malaysia’s safe harbor provisions can be improved if: (i) it will be made clear that the duties to cooperate are triggered by a compliant notice or if the service provider knows or is aware of facts and circumstances from which the infringement is apparent; (ii) injunctive or other equitable relief can be used in case of uncooperative service providers; (iii)service providers have in place a fair and effective termination policy for repeat infringers and that those that fail to inform their customers and implement such a policy would not be eligible for the safe harbors. (2) The IIPA also criticized the “48-hour” rule for takedowns, which they deem “too slow for “pre-release” materials (movies, music, games, software, or published materials not yet available in Malaysia).” Since automated takedown technologies exist, they argue that takedown timeframes should be immediate or no longer than a couple of hours.