Justifications of Intellectual Property Rights: A Discussion on Locke and Hegel’s Theories

Introduction to The Problem: At its core, Locke’s main argument is centralised in the role of labour, while Hegel’s principal idea lies in one’s will, self-actualisation as well as personal expression. As both thinkers posit strong arguments in substantiating their views, discussions surrounding this topic may influence one to favour a particular theory over the other.Purpose/Objective Study: This paper makes a modest attempt to discuss the justifications of intellectual property rights by focusing on two well-known philosophers, John Locke and G.W.F Hegel.Design/Methodology/Approach: The research design is exploratory as this paper aspires to explore the basis for the grant of intellectual property rights from the lenses of both theories. Therefore, the research methodology is purely doctrinal and theoretical. The research approach is mainly based on library research, focusing on a reading and analysis of Locke and Hegel’s published works, as well as other materials such as journal articles, commentaries, and textbooks.Findings: This article contributes to the existing body of knowledge by highlighting that neither Locke nor Hegel could provide one-fit-for-all justifications of intellectual property rights. Nevertheless, it is worth stating that both philosophers do contribute thoughtful insights that reflect important values worthy of considerations and should never be undermined when framing policies and laws on intellectual property rights.Paper Type: General Revie

The efficacy of online shaming as a modality for social control / Haswira Nor Mohamad Hashim, Anida Mahmood and Nurul Shuhada Suhaimi

37 This paper examines the efficacy of online shaming as a modality for social control. Social control is the process of regulating individual or group behaviour, to encourage conformity and obedience. A survey amongst 320 UiTM law students was conducted. A self-developed survey questionnaire with five point-Likert scale was used for data collection. A cross-sectional survey was conducted on the survey population. The findings of the survey provide an insight on the efficacy of online shaming as a modality for social control. The research provides a beneficial input on the worthiness of considering online shaming as formal sanction. The survey reveals that online shaming has been used as a platform to shame, to exact revenge, to intimidate and to condemn people or wrongdoers. The efficacy of online shaming as a modality for social control is answered in negative, thus not suitable to be regulated as a formal sanction

Comparative Analysis of Legislative Reform of Admission by Apologetic Discourse

This study compares the protection of admission by apologetic discourse through legislative reform in selected Common Law jurisdictions. The legislative reform provides a solution to the long-standing problem of adverse legal effects of admission by apologetic discourse made by professionals/practitioners who had breached their duty of care, code of ethics, or conducts. A similar problem is reported in Malaysia due to similarities in evidentiary rules, insurance contract clauses and statutory limitation law attributed to the Common Law system. The findings of this comparative study help towards the development of the law that protects admission by apologetic discourse for professional negligence and misconduct in Malaysia. Keywords: Apologetic discourse; admission; legislative reform; professional negligence and misconduct eISSN: 2398-4287 © 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under the responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians), and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI7.381

Modalities to Address Legal Impediments to the Citizens’Right to Impart Public Sector Information

This paper conducts a comparative analysis of various modalities currently being adopted in selected countries to address legal impediments to the citizens’ rights to impart public sector information (PSI). Previous studies have identified a myriad of laws currently in force in Malaysia which impede the citizens’ rights to impart PSI. In the absence of sui generis law on the right to information, disclosure, publication, communication and distribution of PSI is subject to these laws. This paper surveyed to identify the most appropriate modalities for adaptation in Malaysia and later suggested the appropriate modalities to address the legal impediments.    Keywords: Legal impediment; Right to information; Modalities; Citizens.    eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer-review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.   DOI: https://doi.org/10.21834/ebpj.v5iSI1.232

Malaysian Consumers’ Reliance on Food Date Label

This study investigates Malaysian consumers’ reliance on food date label. Food regulations in most countries adopt food date labelling as indicator of safety, quality, and fitness. Open date labelling approach is used to supply the information to the consumers in making decision to purchase and when to consume the food. Despite its importance, there is yet a study on Malaysian consumers’ reliance on food date label. This study conducted a nationwide survey on 460 Malaysian consumers using convenience sampling technique. The findings of this study help towards the development of food information law and policy in Malaysia. Keywords: Food information, date label; consumers; reliance eISSN: 2398-4287 © 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under the responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI7.382

Balanced Approach Regulatory Measures for Excise Tax on Tobacco and Nicotine-Based Products with Differential Degrees of Harm

This paper reports a study that analyses regulatory measures for excise tax on tobacco and nicotine-based products in Malaysia.The study highlights current non-optimal nature of excise tax due to a lack of differentiation between the varying degrees of harm caused by different tobacco and nicotine-based products within a given category. The study aims to address this issue by proposing a regulatory measure that adopts a balanced approach to taxing harmful tobacco and nicotine-based products.  A focus group discussion involving a group of experts in tax and excise tax, medical and pharmacology, and law and policy was conducted to gather expert inputs on policy compliance with international standards for excise tax on tobacco and nicotine-based products; effectiveness of current policies in addressing harm differentials;  and setting excise tax rates to balance harm levels and combat illicit trade. This study concludes that, Malaysia should adopt a balanced approach regulatory measures to combat illicit tobacco trade and promote harm reduction and equitable public health outcomes.This study recommends a differentiated excise tax for tobacco products in Malaysia based on harm and addiction levels, aiming tobalance the excise-duty with differential degrees of harm and optimize policy effectiveness towards achieving a smoke-free Malaysia by 2040. The proposed recommendation is aligned with Article 6 Guidelines of the World Health Organization Framework Convention on Tobacco Control

Enabling open access to and re-use of publicly funded research data in Malaysian public universities : a legal and policy analysis

Numerous statements and declarations have been made over recent decades in support of open access to research data. The growing recognition of the importance of open access to research data has been accompanied by calls on public research funding agencies and universities to facilitate better access to publicly funded research data so that it can be re-used and redistributed as public goods. International and inter-governmental bodies such as the ICSU/CODATA, the OECD and the European Union are strong supporters of open access to and re-use of publicly funded research data. This thesis focuses on the research data created by university researchers in Malaysian public universities whose research activities are funded by the Federal Government of Malaysia. Malaysia, like many countries, has not yet formulated a policy on open access to and re-use of publicly funded research data. Therefore, the aim of this thesis is to develop a policy to support the objective of enabling open access to and re-use of publicly funded research data in Malaysian public universities. Policy development is very important if the objective of enabling open access to and re-use of publicly funded research data is to be successfully achieved. In developing the policy, this thesis identifies a myriad of legal impediments arising from intellectual property rights, confidentiality, privacy and national security laws, novelty requirements in patent law and lack of a legal duty to ensure data quality. Legal impediments such as these have the effect of restricting, obstructing, hindering or slowing down the objective of enabling open access to and re-use of publicly funded research data. A key focus in the formulation of the policy was the need to resolve the various legal impediments that have been identified. This thesis analyses the existing policies and guidelines of Malaysian public universities to ascertain to what extent the legal impediments have been resolved. An international perspective is adopted by making a comparative analysis of the policies of public research funding agencies and universities in the United Kingdom, the United States and Australia to understand how they have dealt with the identified legal impediments. These countries have led the way in introducing policies which support open access to and re-use of publicly funded research data. As well as proposing a policy supporting open access to and re-use of publicly funded research data in Malaysian public universities, this thesis provides procedures for the implementation of the policy and guidelines for addressing the legal impediments to open access and re-use

Prevalent culture of online shaming amongst UiTM Law Students / Haswira Nor Mohamad Hashim...[et al.]

This paper reports the prevalent culture of online shaming amongst UiTM law students in Malaysia. A survey questionnaire was used as an instrument for data collection involving 320 UiTM law students. A cross-sectional data was collected from the survey population. The findings of the survey suggest the prevalent culture of online shaming amongst UiTM law students. The research is beneficial in raising awareness on the culture of online shaming. The survey revealed that online shaming postings are commonly found in social media application and the most prevalent anti-social behaviour associated with online shaming is on sexism, racism or religious bigotry. The survey also revealed respondents’ experience in posting or being shamed online. This paper concludes that the culture of online shaming in Malaysia is real and prevalent. This paper recommends for an awareness programme to be conducted among UiTM Law students and nationwide to emphasize on the legal implications of online shaming

Public good theory: a theoretical justification for permissive licence to use and re-use orphan works

This paper explored the adoption of Paul Samuelson’s Public Good Theory as a theoretical justification for a permissive licensing scheme that enables the use and re-use of orphan works in Malaysia. Orphan works are copyright-protected works with unloadable or unidentified right holders, and are currently on the rise due to the proliferation of unregistered, anonymous, and abandoned copyrighted works. The literature denotes the challenges arising from the difficulty faced by potential users in obtaining the permission for creative and innovative use of orphan works as required under the copyright law. Such challenges impede the potential use and re-use of orphan works for the purpose of knowledge dissemination, progress in the arts preservation, and digitization activities. This paper contributes to the current body of knowledge by canvassing two important issues. The first issue focused on the challenges faced by potential users to use and re-use orphan works in Malaysia. The second was Paul Samuelson’s Public Good Theory as a theoretical justification for permissive license to use and re-use orphan works. It is anticipated that a legislative reform grounded on Paul Samuelson’s Public Good Theory will spur grassroots innovations, creativity, and entrepreneurialism among members of the public. The permissive licensing scheme supports global calls for legislative reform of the copyright law to facilitate the use and re-use of orphan works