MALAYSIA: FEDERAL COURT GAVE MUCH NEEDED CLARITY ON PATENT AND COPYRIGHT INFRINGEMENT ISSUES
YKL Engineering Sdn Bhd (hereinafter referred to as “the Appellant”) V Sungai Kahang Palm Oil Sdn Bhd (hereinafter referred to as “the 1st Respondent”) & Profina Teknik Sdn. Bhd. (hereinafter referred to as “the 2nd Respondent”) is a case which revolves around patent and copyright infringement issues.
The Appellant is involved in the business of designing and manufacturing equipment for...
MALAYSIA: FAMOUS FILMMAKER & CO. CONTINUE THE FIGHT
This is a continuation of a copyright saga between Elias Idris (hereinafter referred to as the “Respondent”) and well-known local filmmaker Datuk Mohd. Yusof Md Aslam, along with his son Mohd Syamsul Md Yusof and a movie production company, Skop Productions Sdn. Bhd. (hereinafter referred to as the “Appellants”) in the Federal Court of Malaysia.
When the appeal at the Federal Court was...
WOMEN SCIENTISTS IN PATENTING BRING DOUBLE THE EXPERIENCE TO THE TABLE
IMAGINE a world without scientists. People who work in science careers are responsible for many of the things we benefit from daily – from ways to develop potential cures of diseases to engineering marvels, new technologies and strategies to meet the rapidly growing global demand for energy, food and healthcare services.
Now, imagine a world where a zesty team of women...
MALAYSIA: ESTOPPEL AND BREACH OF CONTRACT
In the Court of Appeal case of Mohamad bin S Ahmad & Ors v Lembaga Pengelola Dewan Bahasa dan Pustaka 9 MLJ 315, all partners of Darul Fikir, namely Mohamad Bin S. Ahmad, Sheikh Ahmad Bin Mohamad, Sheikh Mohammad Ayman Bin Mohamad and Sheikh Mohammad Syaamil Bin Mohamad (hereinafter referred to as “the Appellants”) appealed against decision of the High Court dated 7 August 2018, which...
MALAYSIA: WHO OWNS THE BIKE?
The following article summarizes several suits and appeals concerned with Honda Giken Kogyo Kabushiki Kaisha, a Japanese automobile company, (hereinafter referred to as “Honda”) copyright claims and damage for alleged copyright infringements by several Defendants. In all the suits discussed, Honda acts as the Plaintiff. For easy reference the suits and the following appeals are listed as...
MALAYSIA – MIRROR, MIRROR ON THE WALL, WHO’S THE FAIREST OF ‘EM ALL?
Unfair judicial treatment has been discussed in the hearing of Ho Shen Lee (M) Sdn Bhd (the Plaintiff) v TNL Plastic Manufacturer Sdn Bhd (the Defendant) at the High Court. During the hearing, the Plaintiff was repeatedly interrupted and interjected by the Trial Judge during the examinations of Plaintiff’s witnesses, hence making it difficult for the Plaintiff to present its case. The outcome...
MALAYSIA: MAN ACCUSED OF MALICIOUS CYBER-ATTACK AGAINST OWN COMPANY RELEASED AND ACQUITTED
Loh Guo Shi (hereinafter referred to as the Defendant) was released without having to come to his own defence when the Magistrate’s Court ruled that the public prosecutor (hereinafter referred to as the Plaintiff) had failed to prove its prima facie case against the Defendant. On 27 September 2012 at around 12:30am, information was deleted from the My-Cloud-02 server belonging to a company...
MALAYSIA: JURISDICTION OF COURT IS DEFINED
In a recent copyright infringement case between multiple plaintiffs (hereinafter referred to as the ‘plaintiffs’) and multiple defendants (hereinafter referred to as the ‘defendants’), the Penang High Court had to decide on whether to allow the defendants to transfer proceedings to the Kuala Lumpur High Court in accordance with Section 25(2) and Paragraph 12 of the Schedule of the Courts of...
Copyright Article- Telekung
MALAYSIA: COPYRIGHT DISPUTE ON TELEKUNG
In the case of SITI KHADIJAH APPAREL SDN BHD (hereinafter known as “the Plaintiff”) vs ARIANI TEXTILES & MANUFACTURING (M) SDN BHD (hereinafter known as “the Defendant”), the High Court of Malaya has decided on whether there is any copyright subsisting in “telekung”, which is an outfit usually worn by Muslim women during prayers.
The four issues...
MALAYSIA: FAMOUS FILMMAKER & CO. CONTINUE THE FIGHT
This article relates to a copyright dispute between Elias Idris (hereinafter referred to as the “Plaintiff” or “Appellant”) and well-known local filmmaker Datuk Mohd. Yusof Md Aslam, along with his son Mohd Syamsul Md Yusof and a movie production company, Skop Productions Sdn.Bhd. (hereinafter referred to as the “Defendants” or “Respondents”).
The Plaintiff, who is the author of the novel...