Kuala Lumpur High Court Suit Nos. D-22IP-61-2010 & D-22IP-60-2010
1. Plaintiff initiated claim for unlawful interference. Defendant counterclaimed for industrial designs (“ID”) infringement. The ID was obtained vide a deed of assignment from a Chinese company.
2. Plaintiff claims that the Defendant is not the rightful owner of the ID and that the ID had been disclosed before the priority date of the registered ID.
3. The High Court held that the challenge on the deed of assignment was not pleaded hence assignment is valid and the disclosure of ID in China is not relevant as the Malaysian Industrial Designs Act 1996 only recognises disclosure in Malaysia and no evidence is led to show disclosure in Malaysia.