Why did the High Court order JPJ to pay RM40,000 for copyright infringement?

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High Court Ordered JPJ Director-General to Pay RM40,000 for Copyright Infringement

The High Court ordered the Road Transport Department (JPJ) director-general to pay RM40,000 in compensation and RM25,000 in costs to Hasan Azhari Hashim due to copyright infringement. This ruling stems from the department's launch of public bidding for "MADANI" special vehicle number plates, which Hasan Azhari claimed were derived from his copyrighted proposal.
Copyrighted Proposal for "MADANI" Plates

Hasan Azhari had registered a copyright for his proposal paper, titled "Kertas Kerja Mewujudkan Nombor Plat Khas Kenderaan Bersiri Madani 1 Sehingga Madani 9999 Untuk Didaftarkan Di Malaysia," with the Intellectual Property Corporation of Malaysia (MyIPO). He had submitted proposals to the government in 2023 suggesting the issuance of "MADANI" number plates, specifically for serial numbers 1 to 99. However, these proposals were reportedly turned down by the government in October 2023 and February 2024.
JPJ's "MADANI" Number Plate Bidding

Despite the rejection of Hasan Azhari's proposals, JPJ proceeded to launch and sell "MADANI" number plates, serial numbers 1 to 9999, through public bidding in October 2024. This occurred within the context of a government policy shift since May 2018, which restricts the sale of special number plates to JPJ exclusively, precluding private companies, NGOs, and other entities.
Allegations of Unauthorized Use

Hasan Azhari alleged that JPJ utilised his copyrighted proposal without authorisation. He pointed to similarities in posters, the use of the term "MADANI," the underlying concept, and graphic elements as evidence of infringement. He sought compensation equivalent to 50 per cent of the proceeds generated from the sales of the "MADANI" number plates.
Defence and Court's Decision

The JPJ director-general denied the copyright infringement, asserting that Hasan Azhari's proposal differed from the government's rollout and that "MADANI" was a government slogan in use since January 19, 2023, not a novel concept originating from Hasan Azhari. The defence also argued that issuing special number plates is a common practice and not an idea exclusive to Hasan Azhari. Ultimately, the High Court awarded statutory damages of RM40,000 and costs to Hasan Azhari.

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Why did the High Court order JPJ to pay RM40,000 for copyright infringement?

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