MALAYSIA: A COPYRIGHT SAGA
In a case of Chuah Aik King (hereinafter referred to as the “Plaintiff”) filed a suit against Keydonesoft Sdn. Bhd. (hereinafter referred to as the “Defendant”) at the High Court of Malaya at Kuala Lumpur claiming that the he, the Plaintiff, owns the copyright in two computer programmes, (1) “B3 Café Internet Café Billing Management with MyCard Solution Software” programme (hereinafter...
MALAYSIA: TO CHARGE OR NOT TO CHARGE – PART 2
In the previous article “Malaysian Copyright: To Charge or Not to Charge”, we have written about representatives of Gen X, Thee See Nyuk and Chong Chee Cheong had claimed various relief as itemized in the Statement of Claim. The High Court of Malaya allowed some of their claims.
The Malaysian Government and the Ministry of Domestic Trade, Co-operatives and Consumerism had then appealed against...
MALAYSIA: A COPYRIGHT CONUNDRUM
This article relates to a copyright dispute between Aktif Perunding SDN. BHD (hereinafter referred to as the “Plaintiff”) and ZNVA & Associates SDN. BHD (hereinafter referred to as the “Defendant”).
Universiti Teknologi Malaysia (UTM) had appointed Ahmad Zaki SDN. BHD (hereinafter referred to as the “Main Contractor”) as the main contractor for a student accommodation project in Kuala...
MALAYSIA COPYRIGHT INFRINGEMENT: TO CHARGE OR NOT TO CHARGE?
An internet café called “Gen X” was raided on 17 November 2009 by a team of law enforcement officers from The Ministry of Domestic Trade, Co-operatives and Consumerism after receiving a complaint from Sendi Mutiara Multimedia Sdn. Bhd. (hereinafter referred as “SMM”) whose representatives were also present during the raid. During the raid, some items were seized for investigations into...
MALAYSIA – PLAINTIFF SUCCEEDS IN DESIGN INFRINGEMENT AND PASSING-OFF CASE
In the case of Alpha Home Appliance Sdn. Bhd. v NSB Home Appliance and NSB Lighting Sdn. Bhd, the High Court allowed the Plaintiff’s claim and the Defendants’ counterclaim is dismissed with costs.
By way of background, Alpha Home Appliance Sdn. Bhd. (hereinafter referred as Plaintiff) a company incorporated in Malaysia and deals with the research and development, manufacture and distribution...
MALAYSIA: COPYRIGHT AND PASSING OFF ACTION DECIDED BY HIGH COURT
Public Performance Malaysia & Tan Ngiap Foo v Prism Berhad is a copyright infringement and passing off claim before the High Court of Malaya in Kuala Lumpur.
Public Performance Malaysia Sdn. Bhd. (hereinafter referred as “the First Plaintiff”) is a declared licensing body under the Copyright Act 1987 and has the mandate and responsibility to collect royalties on behalf of recording...
MALAYSIA: NATIONAL NEWS AGENCY GIVEN CHANCE TO FILE DEFENCE
Borneo Rainforest Lodge v Bernama is a copyright claim in the High Court in Kota Kinabalu, Malaysia.
The Plaintiff, Borneo Rainforest Lodge, obtained judgment in default of appearance against the Defendant, Bernama, which is the Malaysian national news agency.
The Defendant filed an application to set aside or vary the judgment based on the following reasons:
(a) the Plaintiff named in this...
MALAYSIA: STICKY ISSUES
In the case of Angel Candies Sdn. Bhd. v Loo Yan Wah & I Candy Studio Sdn. Bhd. & Mah Wing Hong, the High Court of Malaya in Shah Alam held that the defendants must paid costs amounting to RM40,000.00 to the plaintiff.
By way of background, Angel Candies Sdn. Bhd. (hereinafter referred as “the Plaintiff”) is a private company limited in the business of import, export, wholesale and...
MALAYSIA: FEDERAL COURT RULED ON SCOPE OF SECTION 42 OF THE COPYRIGHT ACT
In the case of Dura-Mine Sdn. Bhd. v Elster Metering Limited and George Kent (Malaysia) Berhad, the Federal Court has recently examined the scope and application of Section 42 of the Copyright Act 1987 (hereinafter be referred as “the Act”).
First and foremost, it is appropriate to reproduce Section 42 of the Act here:
42. (1) An affidavit or statutory declaration made...
MALAYSIA: DOCTRINE OF RES JUDICATA
Built Prospect Trading (hereinafter referred to as “Plaintiff”) had previously filed an action against Mr. Chong Chee Siong (hereinafter referred as “the 1st Defendant”) and Deltric Sdn. Bhd. (hereinafter referred as “the 2nd Defendant”) at the High Court of Malaya, Kuala Lumpur claiming that 1st Defendant breached the contract of employment between the Plaintiff and 1st Defendant by leaking...