Copyright
67
(9) An injunction shall not be issued in any proceedings under
this section if it requires a completed or partly built building
to be demolished or prevents the completion of a partly built
building.
(10) For the purposes of this section and section 38—
(a) “action” includes a counterclaim, and reference to the
plaintiff and to the defendant in an action shall be
construed accordingly;
(b) “ collective work” means a work in which relevant
materials, constituting separate and independent works
in themselves, are assembled into a collective whole;
and
(c) “court” means the appropriate High Court in Malaysia.
(11) For the purpose of this section, “owner of the copyright”
means the first owner or an assignee of the relevant part of the
copyright.
Proceedings in case of copyright subject to exclusive licence
38. (1) This section shall have effect as to proceedings in the
case of any copyright in respect of which an exclusive licence has
been granted and is in force at the time of the events to which
the proceedings relate.
(2) Subject to this section, the exclusive licensee shall (except
against the owner of the copyright) have the same rights of action,
and be entitled to the same remedies, under section 37 as if the
licence had been an assignment, and those rights and remedies
shall be concurrent with the rights and remedies of the owner of
the copyright under that section.
(3) Where an action is brought either by the owner of the
copyright or by the exclusive licensee, and the action, in so far
as it is brought under section 37, relates (wholly or partly) to
an infringement in respect of which they have concurrent rights
of action under that section, the owner or licensee, as the case
may be, shall not be entitled, except with the leave of the court,
to proceed with the action, in so far as it is brought under that
section and relates to that infringement, unless the other party is
either joined as a plaintiff in the action or added as a defendant:
but this subsection shall not affect the granting of an interlocutory
injunction on the application of either of them.