Papers by IDA MADIEHA abdul ghani azmi
UUM Journal of Legal Studies
The formulation of the National Policy on Industrial Revolution 4.0 (IR4.0) and Internet of thing... more The formulation of the National Policy on Industrial Revolution 4.0 (IR4.0) and Internet of things signals the Malaysian government readiness to come up with the necessary policy framework for the digitalised era. It has been said that universities’ curriculum structure and instructional design must also be revisited to ready the graduate to face the onslaught of technological revolution. Through content analysis of relevant literature, this paper analyses the myriad ways in which legal education has been impacted by IR4.0 both in terms of the ‘body of knowledge’ as well as the ‘skill sets’ required for law students to survive in the era of automatous systems. The paper is structured to first explain the concept of IR4.0 and how some national countries leverage the digital technology to improve their economy or facilitate social transformation. The paper proceeds with a discussion of how autonomous system, artificial intelligence and data analytics can enhance the instructional desi...
马来西亚社交媒体监管:选择与挑战 (Regulating Social Media in Malaysia: Options and Challenges)
随着移动技术和互联网接入在马来西亚的大幅发展,社交网站、视频分享网站、博客及微博等社交媒体的使用正在变得流行。但是,一些法律问题随之而生,出现了许多涉嫌违反法律和道德规范的争议。为了对此进行合理... more 随着移动技术和互联网接入在马来西亚的大幅发展,社交网站、视频分享网站、博客及微博等社交媒体的使用正在变得流行。但是,一些法律问题随之而生,出现了许多涉嫌违反法律和道德规范的争议。为了对此进行合理的监管,马来西亚政府运用了多种方法,例如鼓励行业自律、屏蔽相关网站、采用刑事或民事制裁等。本文主要通过分析成文法、政策动议及法庭判例,来梳理政府采取的、目前仍被使用的相关管理措施。值得注意的是,在过去的二十年里,马来西亚尝试过上述每一种措施。虽然政府反复声明"不对互联网实施审查制度",但却越来越多地依赖于反应式的、更具惩罚性的管理措施。在探究了马来西亚社交媒体监管的发展历史之后,本文认为,为了保证信息传播技术(ICT)以及社交媒体能够得到更好地得到应用,并促进马来西亚社会的发展,行业自律和政府主导的动议都是必不可少的。 (With an exponential growth of mobile technology and Internet connectivity in Malaysia, it is natural that the use of social media such as social networking sites, video sharing media, blogging as well as micro-blogging sites is becoming massively popular. This has in turn triggered legal issues, disputes alleged breach of legal and ethical norms. In order to properly regulate this, the Malaysian government had to resort to some options, starting from encouraging industrial self-regulatory approach, blocking websites and even enforcing criminal and civil sanctions. This paper looks at those attempts that have been taken...
Safety consideration of nutraceutical products in Malaysia: issues and concerns
Lexis-Nexis, 2020
Nutraceutical products have become widespread phenomenon for proclaimed benefits they seem to off... more Nutraceutical products have become widespread phenomenon for proclaimed benefits they seem to offer. Defining what products are classified as nutraceutical has always been a challenging task in some jurisdictions especially in Malaysia. Legally speaking, they cannot be considered as mere food, and they are not pharmaceutical drugs either. Due to uncertainty in its categorisation, nutraceutical manufacturers have taken advantage in producing and marketing those products to consumers. They have been making numerous health claims that were not based on clinical evidence as there is no legal requirement for such. Although some consumers might have benefited from the products, established research suggested that consumers are exposed to health issues and risks from a long-term consumption. By using qualitative method, this paper aims to examine regulatory issues and challenges encountered by the National Pharmaceutical Regulatory Authority (NPRA) and the Food Safety and Quality Division (FSQD) under the Ministry of Health Malaysia in regulating nutraceutical products. It is found that self-regulation as being in practice at present has to some extent, placed the nutraceutical industry in a very complacent position, and thus, putting consumers’ safety at stake. The paper concludes by proposing that for local atmosphere, governmental intervention via a stricter regulation and enforcement is required to ensure safer consumption of nutraceutical products — so that consumers may truly benefit from them
Addressing employees mental health concerns
New Straits Times Press (M) Bhd., Jul 11, 2021
Maximisation of Consumer Welfare in the Enforcement of Intellectual Property Rights in Competition Guidelines: The Malaysian Experience
World Academy of Science, Engineering and Technology, International Journal of Law and Political Sciences, Sep 17, 2018
community mental health service in Malaysia from the perspective of maqasid Shariah
Introduction: The Mental Health Act 2001 provides a significant contribution to the treatment of ... more Introduction: The Mental Health Act 2001 provides a significant contribution to the treatment of mentally-ill patient. The emphasis of the previous law on isolation of psychiatric patients in the institutional settings has been replaced with encouragement of treatment in the community settings. Community Mental Health Service refers to a system of care in which the patient’s community is the primary care provider for people with mental illness. This treatment enables them to maintain relationships with others, as well as to retain jobs while receiving treatment. It leads to early intervention which facilitates rehabilitation and limit the stigma of treatment. Method: A doctrinal legal research to analyse the Community Mental Health Services enumerated in the Mental Health Act 2001 from the perspective of maqasid syariah. Result: The result from the study will provide insight to the authority to improve the existing service in line with maqasid shariah. Conclusion: Some recommendations are suggested as the way forward for the success of the Community Mental Health Programme in Malaysi
The process of halal certification is dependent on the construction of what is deemed to be falli... more The process of halal certification is dependent on the construction of what is deemed to be falling with the halal parameters set by the Quran and Sunnah, being the two primary sources of the Shari'ah, and supplemented with juristic opinion and issuance of fatwa by national religious authorities. In Malaysia, the authority responsible for halal certification is JAKIM while the authority responsible to provide rulings on halalness is the National Fatwa Committee. This article examines the guiding principles for he conceot of halal in the Quran and Sunnah and the collection of fatwa on food products by the National Fatwa Committee. Together, the three sources constitute the yardstick to the implementation of halal in Malaysia. Using content analysis, the article analyses the meaning and construct of the three primary sources and examine issues and concerns arising from the implementation of halal certification process in Malaysia. the article also highlights the views of Yusuf al ...
Protecting cultural heritage as a Muslim friendly tourism product: A case study of Annah Rais Long House Village Sarawak
International Journal of Business and Society, 2020
The Malaysian government has introduced a number of flagship initiatives to leverage on digital e... more The Malaysian government has introduced a number of flagship initiatives to leverage on digital economy and tap the economic trade benefits it promises to the country. For digital economy to grow to its utmost potentials, a supportive eco-legal system is warranted, both at domestic level and international level. As at the heart of digital economy is speedy access to Internet as well as latest gadgets, applications and data analytics, facilitating transfer of data from one country to another should be a matter of first priority. Whilst government seeks to achieve that domestically by introducing relevant laws and regulations, it is no surprise that international norms on data transfer is equally imperative. Using doctrinal analysis, this article explores the provisions of the E-Commerce Chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and compares them with existing domestic legal obligations. The E-Commerce chapter that contains provisions...
Creative industries in Malaysia: Copyright reforms, incentive theory and state intervention
Protection of intangible cultural heritage as a viable tourist product: Malaysia as a case study (touristic products and services)
The realisation of the importance of intangible cultural heritage (ICH) has led governments aroun... more The realisation of the importance of intangible cultural heritage (ICH) has led governments around the world to protect these resources in order to promote tourism. Malaysia, in this respect, is not exceptional. Having ratified the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage in 2013, Malaysia is bound to identify and define the various elements of the ICH present in its territory and ensure its protection. It is the purpose of the paper to discuss the available protection for ICH that could be developed further to attract tourists. In particular, the paper seeks to examine the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage and the existing heritage laws in Malaysia. The existing laws refer to the National Heritage Act 2005 as well as the States’ heritage enactments that provide for the preservation of cultural heritage resources at both federal and state levels. The problems to be addressed include, inter alia, lack of prope...
IIUM Law Journal, 2020
Uber-Grab’s merger had attracted antitrust scrutiny by competition authorities in Southeast-Asia.... more Uber-Grab’s merger had attracted antitrust scrutiny by competition authorities in Southeast-Asia. The merger between the two had created a large giant company that provides various services through a platform such as ridesharing and food delivery services. According to the deal, Grab will take over Uber’s assets (ridesharing and food delivery service), and in return, Uber will take a 27.5 percent stake in Grab. Although Grab claimed that the merger would create a cost-efficient platform in Southeast Asia and put it in a better position to serve consumers, there was a genuine concern that the merger will reduce competition in the market and provide incentives to Grab to engage in anti-competitive behaviour such as increasing the price of its services. This article aims to analyse how different countries in Southeast Asia responded to the Uber-Grab’s merger and measures taken to address competitive concerns ex-ante and ex-post-merger. Unlike other competition jurisdictions in Southeas...
Digital economy and e-commerce: what has the comprehensive and progressive trans-pacific partnership agreement has to offer to Malaysia?
The Malaysian government has introduced a number of flagship initiatives to leverage on digital e... more The Malaysian government has introduced a number of flagship initiatives to leverage on digital economy and tapped the economic trade benefits it promises to the country. For digital economy to grow to its utmost potentials, a supportive eco-legal system is warranted, both at domestic level and international level. As at the heart of digital economy is speedy access to Internet as well as latest gadgets, applications and data analytics, facilitating transfer of data from one country to another should be a matter of first priority. Whilst government seeks to achieve that domestically by introducing relevant laws and regulations, it is no surprise that international norms on data transfer is equally imperative. Using doctrinal analysis, this article explores the position of data transfer in the E-Commerce Chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and compares that) existing domestic legal obligations. The E-Commerce chapter that conta...
Human DNA and stem cell research: ethical and religious concerns
Malaysia [International encyclopedia of laws on intellectual property law]
This encyclopedia summarises the law of intellectual property in Malaysi
Misappropriation and dilution of indigenous people’s cultural expression through the sale of their arts and crafts: should mMore be done?
Indigenous cultural expressions, a component of traditional cultural expressions (TCEs), are draw... more Indigenous cultural expressions, a component of traditional cultural expressions (TCEs), are drawing tourists to Malaysia by their millions and hence are considered valuable resources that need to be preserved to ensure their sustainability. Equally valuable are the indigenous arts and handicrafts which are sold and traded by craft centres set by the government or by private sellers. Unfortunately, these arts and handicrafts have fallen prey to counterfeit and fakes. This paper examines national initiatives to regulate the sale of indigenous people’s arts and crafts as a means of constraining the misappropriation of these cultural expressions in Malaysia, and compares these initiatives with those in Australia, New Zealand and the United States of America. This paper uses the mixed methods of librarybased and qualitative research. The latter consists of unstructured, face-to-face interviews with respondents from selected communities of aborigines in Peninsular Malaysia as well as Sab...
The signing of the Transpacific Partnership Agreement (TPPA) between twelve member countries, wi... more The signing of the Transpacific Partnership Agreement (TPPA) between twelve member countries, with Malaysia included, has set a new, higher benchmark for copyright enforcement. In three ways, the landscape of copyright law has been changed significantly. First, TPPA expand the coverage of the kinds of Intellectual Property recognised. Secondly, what constitute copyright violations has been expanded. Thirdly, sanctions for copyright piracy has been made tougher and sentencing lengths for such piracy has been lengthened. The usage of trade agreements to compel countries to improve copyright domestic policy is not a new strategy. The antecedent to TPPA is the TRIPs Agreement that was concluded on the basis that copyright piracy and counterfeiting has grown from just mere domestic nuisance to an effective barrier to free trade. This paper addresses the TPPA and analyses the rationale to the introduction of more stringent measures under TTPA. It seeks to understand the shift in the d...
Copyright and fair use during pandemic
The advent of the Internet has changed how information and content were created, accessed, used, ... more The advent of the Internet has changed how information and content were created, accessed, used, and distributed digitally. The Internet provides diverse opportunities for subscribers, users, private or business operators, and the public at large to enjoy fast and cheap global distribution and sharing of information, knowledge, and entertainment. Internet intermediaries have primarily remained the gateway through which internet users can access and enjoy the vast flow of data, digital information, as well as content in cyberspace. Unfortunately, these internet intermediaries are at the receiving end of many legal disputes involving violations of intellectual property rights, in particular copyright infringements all over the world. Being the 'gatekeeper' to the Internet and web-based services, the internet intermediaries were arguably best placed to block and remove infringed contents. The imposition of liability to internet intermediaries under the 'gatekeeper' rati...
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Papers by IDA MADIEHA abdul ghani azmi