Merck Sharp & Dohme Corp & Anor v Hovid Bhd

Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law

I am happy to announce that my book “Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law” is available for pre-order. This is my third book. It started off with a compendium of cases but subsequently evolved into a textbook. It took me about a year to restructure the contents into a textbook.

This book was inspired by the case of PP v Loh Guo Shi [2016] 1 SMC 190. My learned friend, Lim Chi Chau and I represented the accused when he was charged under s. 5 of the Computer Crimes Act 1997. He was accused of deleting his employers’ database. 

When the case came to us, there was no reported case under Computer Crimes Act 1997 nor any local textbooks that could help us in defending his case. All I had was the book Electronic Evidence by Stephen Mason. This book was recommended by Justice Tan Sri Dato’ Mohamad Ariff Yusof (as then he was) when I had a trial before him. 

Fortunately, when I read the documents provided by the prosecution, I saw flaws in the prosecution’s case. One of them was the issue of Internet Protocol (IP) address. I looked at the year of the alleged offence and I realised that the accused was using a Telekom streamyx account. In that year, a streamyx account can be accessed anywhere so long a person has the login and password. During the trial, we got the witness from Telekom Malaysia Berhad to agree with us. There was no evidence that the accused had log on to his account during the time of offence. Further, by reading the log files provided by the prosecution, we discovered that there was a break in the chain of evidence.

The learned Magistrate, Puan Aminahtul Mardiah, acquitted the accused without calling his defence. The High Court had also dismissed the prosecutor’s appeal. The details of this case are also reported in this book. 

I would like to believe that we freed an innocent man by using knowledge beyond the law. By writing this book, I hope to help those who face the same or similar predicament as us. 


As technology evolves at lightning speed and digitalisation spreads across businesses and people’s lives, a new perspective and a new approach is needed to tackle the issues that come along with emerging technologies. It is natural to expect more and more cases relating to cyberlaw and information technology to be filled in court and even more so to expect digital evidence to be tendered in court.

Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law is the only book on cyberlaw and electronic evidence in Malaysia. Carrying more than 200 local cases and some selected foreign cases with commentaries, this publication looks at areas that have evolved in the digital sense such as civil issues like defamation, privacy and copyright. Current and very much relevant issues such as instant messages, social media postings, admissibility of electronic evidence in industrial relation disputes and digital asset cases are also discussed. Chapters have been devoted to legal practice and technology, the digital economy, electronic signature and electronic commerce.

This illuminating text provides valuable guidance in emerging areas of law. Its structure is held together by a carefully crafted set of headings to ensure that the text is easily accessible. The inclusion of references to many previously unreported cases, including some decisions of the Sessions Court, certainly lends depth to the analysis and discussion in this book.

This practical title is useful for litigators who are involved in matters concerning electronic evidence, information technology and cyberlaw and will be a valuable guide through its carefully structured commentary and insightful analysis.


  1. Civil Matters
  2. Cybercrime
  3. Admissibility of Computer-Generated Documents
  4. Presumption of Fact in Publication
  5. Instant Messages, Social Media Postings & Other Electronic Evidence
  6. Electronic Evidence in Industrial Relation Disputes
  7. Electronic Evidence in Family Disputes
  8. Discovery
  9. “.MY” Domain Names
  10. Legal Practice and Technology
  11. Digital Economy
  12. Electronic Commercial Transactions
  13. Electronic and Digital Signatures
  14. Digital Assets
  15. E-Commerce

You may purchase the book at Sweet & Maxwell’s website or any selected book stores.

Farewell for Justice Wong Kian Kheong

Farewell dinner with the members of Intellectual Property Bar for Justice Wong Kian Kheong who presided the Intellectual Property Court from 1st January 2016 to 31 August 2018.

We compiled all his intellectual property judgments into a book which consisted of 2 volumes as his farewell gift. He had contributed to the development of our intellectual property laws tremendously in the past 2 years.

Many have asked if the book is for sale. Unfortunately, it is not for sale as we have only printed a copy. However, you may download all cases from the book below-

Aktif Perunding Sdn Bhd v. ZNVA & Associates Sdn Bhd

Billion Prima Sdn Bhd & Anor v Nutech Company Limited & Anor

Chanel v Melwani2 International Sdn Bhd & 2 Ors & Another Case

Chow Chuan Fat v Yeo Chai Seng & Ors (No. 1)

>Chow Chuan Fat v Yeo Chai Seng & Ors (No. 2)

Chuah Aik King (Sole Proprietor of Syarikat B Three Technology) v Keydonesoft Sdn Bhd

Dart Industries Inc & Anor v CMN International Sdn Bhd & Other Cases

Darul Fikir v Dewan Bahasa dan Pustaka

Diesal SpA v Bontton Sdn Bhd

Doretti Resources Sdn Bhd v Fitter Marketing Sdn Bhd & 4 Ors (No. 2)

Doretti Resources Sdn Bhd v Fitter Marketing Sdn Bhd & 4 Ors (No. 3)

DR HK Fong Braindbuilder Pte Ltd v SG-Maths Sdn Bhd & 5 Ors

Goodway Retread Sdn Bhd v Goodway Rubber Industries Sdn Bhd

GS Yuasa Corporation v GBI Marketing Sdn Bhd

Huan Schen Sdn Bhd v SRAM LLC

Hyundai Motor v Sun Yuen Rubber Manufacturing Co Sdn Bhd

Iradar Sdn Bhd v Nutech Company Limited & Anor

Juris Technologies Sdn Bhd v Foo Tiang Sin & Ors

Jyothy Laboratories Limited v Perusahaan Bumi Tulin Sdn Bhd

Kraft Foods Schweiz Holdings GmbH v Pendaftar Cap Dagangan

La Kaffa International Co Ltd v LOOB Holdings Sdn Bhe & Another Case

Lim Teck Lee v Longcane Industries Sdn Bhd

Louis Vuitton Malletier v Renown Incorporated

Merck Sharp & Dohme Corp & Anor v Hovid Bhd

Motordata Research Consortium Sdn Bhd v Ahmad Shahril bin Abdullah & 3 Ors

Ooi Siew Bee (trading under the name and stye of Syarikat Perniagaan Eng Leong) & 2 Ors v Zhu Ge Kong Ming Sdn Bhd & Anor

Pentamaster Instrumentation Sdn Bhd v QAV Technologies Sdn Bhd & 3 Ors

Philip Morris Brands Sari v Goodness For Import and Export & Ors

Portcullis Trustnet (Singapore) Pte Ltd v George Pathmanathan_ al Michael Gandhi Nathan & 11 Ors

Prism Berhad v Measat Broadcast Network Sdn Bhd

R Ramani AL M Ramalingam (suing on behalf of the Recording Industry Association of Malaysia, a registered society) & 2 Ors v Deluxe Exclusive Lounge Sdn Bhd

Schwan-Stabilo Marketing Sdn Bhd & Anor v S & Y Stationery & 2 Ors

Sigma Glove Industries Sdn Bhd & 2 Ors v Ong Chin Kok & Anor

Singham Sulaiman Sdn Bhd v Appraisal Property Management Sdn Bhd and Another Case

Sri Paandi Restaurant Sdn Bhd & Anor v Saraswathy ap Kesavan & 3 Ors

Syarikat Faiza Sdn Bhd & Anor v Faiz Sdn Bhd & Anor

Syarikat Duasama Sdn Bhd v Abdul Aziz Ibrahim (Trading as Radiant Star Enterprise); 1st Third Party Tiong Sing Trading Co Sdn Bhd and another Party

Tokai Corporation v DKSH Malaysia Sdn Bhd

World Grand Dynamic Marketing Sdn Bhd v FJVAA SPA Sdn Bhd & Ors

X1R Global Holdings & Anor v Y – Teq Auto Parts (M) Sdn Bhd

Walmar Wil Heavy Duty Pumps Sdn Bhd v Pump Matrix Engineering Sdn Bhd

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