Veefat Industries (M) Sdn Bhd 1. ) Go Boon Keng 2. ) Shinsu Forklift Parts Sdn Bhd PIHAK KETIGA CHEN CHONG ENG

Veefat Industries (M) Sdn Bhd 1. ) Go Boon Keng 2. ) Shinsu Forklift Parts Sdn Bhd PIHAK KETIGA CHEN CHONG ENG

The Plaintiff failed to establish that the claimed proprietary information met the legal criteria for confidentiality and failed to prove that the stock codes and search methods are copyrightable works (they are methods/ideas excluded by s.7(2A) and not artistic/graphic works); consequently the copyright infringement claim fails. The Defendants' defamation counterclaim failed because, although some statements contained falsity and referred to the Defendants, the Defendants did not prove that an ordinary person would understand the statements in a defamatory way causing reputational harm; therefore the counterclaim fails.

Citation
WA-22IP-17-02/2020 (Mahkamah Tinggi)
Parties
Plaintiff (main Action): VEEFAT INDUSTRIES (M) SDN BHD; Defendant (main Action) / Plaintiff (counterclaim): GO BOON KENG; Defendant (main Action) / Plaintiff (counterclaim): SHINSU FORKLIFT PART SDN BHD; Defendant (counterclaim): CHEN CHONG ENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 October 2022
Case Number
WA-22IP-17-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Intellectual Property and Defamation / Trial Judgment (grounds of Judgment Delivered)
Outcome
Plaintiff's claim for misuse/confidential information and for copyright infringement dismissed with costs; Defendants' counterclaim for defamation dismissed with costs.
Legal Topics
Copyright Infringement, Confidential Information/trade Secrets, Defamation Elements and Harm, Pleadings and Surprise, Admissibility of Documentary Evidence, Counterclaim
Source Language
Malay/English
Intellectual Property Copyright Defamation Confidential Information Evidence Employment Law (misuse of Information) Copyright Infringement Confidential Information/trade Secrets +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

VEEFAT INDUSTRIES (M) SDN BHD

Plaintiff (main Action)

GO BOON KENG

Defendant (main Action) / Plaintiff (counterclaim)

SHINSU FORKLIFT PART SDN BHD

Defendant (main Action) / Plaintiff (counterclaim)

CHEN CHONG ENG

Defendant (counterclaim)

Procedural Posture

Civil Intellectual Property and Defamation / Trial Judgment (grounds of Judgment Delivered)

Legal Issues

  1. 1 Whether the Plaintiff's proprietary information is confidential
  2. 2 Whether the Defendants were taken by surprise by Plaintiff's copyright claim
  3. 3 Whether the Plaintiff's stock codes and search methods are copyrightable works

Ratio Decidendi

The Plaintiff failed to establish that the claimed proprietary information met the legal criteria for confidentiality and failed to prove that the stock codes and search methods are copyrightable works (they are methods/ideas excluded by s.7(2A) and not artistic/graphic works); consequently the copyright infringement claim fails. The Defendants' defamation counterclaim failed because, although some statements contained falsity and referred to the Defendants, the Defendants did not prove that an ordinary person would understand the statements in a defamatory way causing reputational harm; therefore the counterclaim fails.

Court Disposition

Plaintiff's claim for misuse/confidential information and for copyright infringement dismissed with costs; Defendants' counterclaim for defamation dismissed with costs.

Orders

  • Plaintiff's claims dismissed with costs to the Defendants
  • Defendants' counterclaim dismissed with costs to the Plaintiff