LAW Partnership Secures High Court Ruling Advancing Software Copyright Enforcement in Malaysia

LAW Partnership is pleased to announce its successful representation in a pioneering copyright infringement suit that is set to reshape enforcement strategies for software developers and strengthen the fight against digital piracy.

The matter concerned copyright infringement and circumvention of technological protection measures (“𝗧𝗣𝗠𝘀”) embedded within 𝘗𝘳𝘰𝘵𝘢𝘚𝘵𝘳𝘶𝘤𝘵𝘶𝘳𝘦, a renowned structural engineering software developed and owned by Prota Software, a leading global provider of engineering solutions.

Central to the dispute was the evidentiary value of data derived from TPMs such as “tracker” or “sniffer” functions deployed by software providers. The High Court affirmed the reliability and admissibility of such data, delivering a decisive ruling that validates the use of technology-driven evidence in protecting intellectual property in this digital age.

Significantly, the Court also examined the interpretation of 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟯𝟲𝗔 𝗼𝗳 𝘁𝗵𝗲 𝗖𝗼𝗽𝘆𝗿𝗶𝗴𝗵𝘁 𝗔𝗰𝘁 𝟭𝟵𝟴𝟳 and provided a much needed & awaited judicial guidance on anti‑circumvention measures. Although introduced in 2012, the provision remained inconspicuous in reported cases – a critical uncertainty in local jurisprudence that is now resolved. 

Further significance lies in the Court’s recognition of the enforceability of electronic terms and conditions of Prota Software, confirming that digital notice and acceptance constitute valid consent under Malaysian contract law. This determination drives further certainty for electronic contracting practices across industries.

This precedent setting victory was led by Suaran Sidhu and his team comprising Ashwinathan Selvanathan and Angela Leong. This success reflects LAW Partnership’s commitment to safeguarding intellectual property rights while leveraging technology-driven enforcement measures within the complexities of modern digital protection.

[Civil Suit No. WA-22IP-53-09/2023]