malaysia copyright infringement

Let’s Get hIP 2012

I will be moderating this talk on recent substantive changes in the arena of Intellectual Property (“IP”) legislation and case law, which include “Safe Harbour” provisions, registration of works and its impact on protection and enforcement, expedited registration process, new mechanisms in enforcing a Trade Description Order (“TDO”), introduction/revisions to procedural steps in protection of registrable IP rights, and many others.


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Symphony Light & Sounds Services Sdn Bhd & Anor v Irwan Shah Bin Abdullah @ D.J Dave & Ors

Kuala Lumpur High Court Suit No.: S-22-1010-2007

Plaintiffs initiated an action against Defendants for allegedly misappropriating their copyright by way of fraud and deception. The subject matters in dispute are proposals entitled “Malaysia’s 50 years an illuminating Journey”. The Plaintiffs alleged that the Defendants had secretly sent the subject matter to the Ministry of Culture, Arts and Heritage.

Plaintiff claims that their concept of “large format lightings, projections and special effects” for the purpose of outdoor audio visual performance is artistic works pursuant to the Malaysian Copyright Act 1987.

The High Court held that Plaintiffs failed to show evidence that such concept is their creation and it is original.

Case dismissed with costs to be taxed.

Download: [Judgement]

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Kuang Pei San Food Producs Public Company Limited v Wes Marketing Co Sdn Bhd (No 2)

Sabah and Sarawak High Court Suit No. S22-231-2009-III

Trade mark infringement, passing off and copyright infringement of the brand SMILING FISH. Plaintiff succeeded in trade mark and copyright infringement but not passing off due to failure to prove damage.

Judgement: [Download]

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