Tech and Tech Bill

Disclaimer: I am a registered Chartered Engineer, a lecturer at a local university, and a law student.

There’s another new bill currently in drafting mode titled “Technologists and Technicians Bill”. Some quarters are seeing this as a reincarnation of the Computing Professionals Bill but I don’t.

The reason is because I also know that there is an effort in at the tertiary education level to split the current engineering courses into B.Eng and B.Tech courses, catering to different market segments and that this bill is a natural culmination of the act.

But before we proceed, we’ve got to first look at the future segregation of the engineering world into B.Eng and B.Tech people. The argument is that there are two different market segments to address. Where I teach, the faculty has even been renamed this year to include “Technology” in addition to Engineering.

On the one hand, our local industries need to have a huge work-force to get shit done. This is where the B.Tech is supposed to come in. Ideally, these people are supposed to be more practical oriented with their education more heavily biased towards addressing direct industry requirements.

We already have certain Bachelors degree at certain local universities that were designed with direct input from certain industry partners and where most of the graduates end up heading to those industry partners for jobs later. So, that’s the idea behind a B.Tech – to address an immediate market need.

On the other hand, we still need people to dream up new ideas and to solve more abstract stuff. This is where the B.Eng is supposed to come in. Ideally, these people are supposed to be equipped with abstract problem solving skills and their syllabus is biased at something like a 80/20 level with more theory and less practical.

So, these people are supposed to dream up the next big thing and to design future technology. This group of people are supposed to fill up the market need for say, research, development and design work – stuff where you end up sitting in front of a PC for most of the day instead of getting your hands dirty on the line.

In terms of professional registration, the second group of people need to be registered as is already done under the law. However, the issue is whether the first group of people should also fall under the BEM is something arguable. At the moment, they do fall under BEM if their degrees are accredited by the EAC.

So, what happens to the B.Tech people when we split the engineering courses up. They were previously under the BEM and so, the natural idea is to extend this to include a new board that caters to the registration of these B.Tech people.

Anyway, a lot of people will disagree with what I’ve said because I also thought it weird at first, but that’s generally the idea that I caught onto last year. We cannot deny that there is a disconnect between what our universities supply and industry needs. This is one of the ways to plug the gap.

Now, back to the actual text of the Bill itself.

The definitions:

“technologist” means a person who applies knowledge of mathematics, science and technology specialisation to defined procedures, processes, systems or methodologies;

One can even argue that medicine is covered by this, which I think is the intent of the bill – to include medical technologists. There is a growing demand for medical technologists – i.e. people who can maintain modern medical equipment – as the number of hospitals in this country is also growing.

I think that this is the idea that we can imply from the definitions:

“technical services” means services provided in connection with any operation, product testing, product commissioning and product maintenance and includes any other technical services approved by the Board;

“technology services” means services in connection with product development, manufacturing, operation, product testing, product commissioning and product maintenance and include any other technology services approved by the Board;

I think the issue that most people will take with the bill, particularly the IT people, are S.20 and S.21 of the bill that provides for the registration of these professionals. Any recognised degree in “Technology” is mentioned explicitly. So, if someone graduated with an IT degree, they might fall under this category but I think that the intent is to capture the B.Tech people.

The rest of the bill seems to be quite boiler plate.

So, I think that the bill is rather innocuous as it is. Unlike the CPB, which sought to limit the ability of people to work within the computing field and to limit the ability of someone to sell their services to the CNII industries, this one doesn’t.

As of this moment, this bill just just for the purpose of registration. I think that whomever are behind this bill probably learned a lesson from the CPB2011 mismanagement and will hopefully keep this bill as innocuous as it presently stands.

IP Contract

I had reason to enter into an Intellectual Property (IP) contract recently between my company and another entity. After reviewing the standard form and making the necessary changes, both parties proceeded to sign the agreement in the presence of witnesses.

After that, I went to the tax office to get the contract stamped because that’s the normal thing to do with contracts. However, while I was there, I learned something new, which might interest other local start-ups especially with respect to IP issues.

It turns out that there is no need to stamp an IP deed of assignment.

According to Schedule 1, Item 32, Exemption (d) of the Stamp Act 1949, IP assignments are exempted from stamp duty. It’s the very last in a list of exemptions and is worded as:

Exemptions
(d) Transfer or assignment on sale of any copyright, trade mark, patent or any similar right.

So, the tax office was unwilling to stamp the agreement for me as it is exempted under the law.

What this means to most start-up companies is that you can easily and rather quickly execute IP assignment contracts, between the employees with the company, and between companies as part of normal commercial IP transactions.

I learn something new everyday.

Defamation

source:sxc.huSo, what is defamation? My entry today will focus on defamation through blogging, as I blog a lot – like I just claimed yesterday that our PM was either misinformed, lying or delusional.

I was unimpressed by our lecturer, Dr Wardah, today as she seemed unprepared for the topic, lacked familiarity with the material and not quite a specialist in the topic. She started the class by saying that she was ‘dragged’ into it by Norchaya. That already sounded the alarm bells in my head.

She seemed to be reading from some personal notes, which she didn’t seem to be totally familiar with. When asked some tricky questions, she didn’t know the answers and gave non-answers, which is the typical method that lecturers use to handle topics that they’re not quite specialised in.

According to the university website, her area of specialisation is sports law and while that is probably tort, it probably doesn’t have much defamation in it. So, I can at least empathise with her (being guilty of similar things myself).

My comments here are done without malice as I have no personal agenda against her. My only relationship with her is as a student. I hope that she’ll do better in the next class, just like how I’ve actually grown quite fond of Pn Izura, after she nearly put me to sleep in the introductory class.

Anyhow, I claim fair comment, if she ever reads this! (So, I did learn something in class today!)

Now, back to the issue of defamation. I thought I had it nailed down before this but now it seems that things are murkier. I shall have to read up more about defamation on my own later.

Slander vs Libel
Defamation is broken up into two categories – slander and libel. I’ve already covered the differences in a previous entry and I shan’t go through them here again. I would just add that I was quite surprised that I was able to remember the 4 types of defamations that are actionable per se in class today. My mnemonic must work – virgin, STI, rape, and prostitution.

So, blogging would clearly fall under libel.

Elements of Defamation
Now, there are three major elements that must exist before we can have a prima facie case for defamation.

  1. Words – This means that the words must be defamatory. Keep in mind that words in this case does not just mean spoken or written words but covers a broad swath of communication including imagery, signals, body language etc. Whether they are defamatory can be tested using a number of methods:
    • Ordinary/Natural meaning – as it implies. If I call someone a liar, that can possibly be defamatory as the ordinary meaning of liar is obviously negative. However, there may be some subjectivity especially since the connotation behind words can change with time.
    • Inference/Innuendo/Juxtaposition – as it implies. This can have a wider reach as we often imply but not directly accuse someone of something negative in our culture. Again, there may be some subjectivity as this is often influenced by culture and social norms that change with time.
  2. Identity – This means that the defamatory words must be aimed at someone that can be identified by a third party. Keep in mind that it is perfectly possible to defame a group of people or organisation. And the main point here is that the person doesn’t need to be named directly. It is sufficient that the person can be identified by a reasonable third party.

    That is why I don’t understand why Malaysian newspapers like to beat around the bush when naming people. It piques my interest even more as I would try to figure out who they were talking about. It is not a valid legal defence even if they don’t name the person, as long as they provide enough information to identify that person.

  3. Publication – This means that the defamatory words must reach a third party i.e. the Person must have been defamed in the eyes of another by the Defamer (woot!). There are lots of issues here with publication, but in terms of a blog like mine, there is no real issue as it is clear that the words written here are published to the world.

    There may be some concern, particularly if I am not making the claim but merely quoting some other article or merely reporting something that was said by someone else. I am not quite clear with this part yet but I will look into it for sure.

So, once these three elements have been met, there will be a prima facie case for defamation. Once sued, the Defamer has a number of legal defences that can be raised. However, we shall cover that in another blog entry.