Veronica Sainik @ Ronald 1. ) MELUHA LIFE SCIENCES SDN BHD 2. ) VIJAYENDRAN A/L GOVINDASAMY 3. ) PREMASANGERY A/P KATHIVALOO

Veronica Sainik @ Ronald 1. ) MELUHA LIFE SCIENCES SDN BHD 2. ) VIJAYENDRAN A/L GOVINDASAMY 3. ) PREMASANGERY A/P KATHIVALOO

The appellate court held that the appellant retained moral rights of attribution and integrity despite assignment of economic copyright, found that the respondents reproduced and modified substantial parts of the appellant's dissertation without attribution in the challenged patent thereby infringing her moral rights under s.25(2)(a) and s.25(2)(b) CA 1987, and concluded that the patent was anticipated by the appellant's 2013 dissertation and therefore invalid and revoked; consequentially the appellant was entitled to damages, aggravated damages, interest and costs.

Citation
W-02(IPCv)(W)-1713-09/2022 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Veronica Sainik @ Ronald; Respondent/defendant: Meluha Life Sciences Sdn Bhd; Respondent/defendant: Vijayendran a/l Govindasamy; Respondent/defendant: Premasangery a/p Kathivaloo
Court
IPCv
Jurisdiction
Malaysia
Judgment Date
12 December 2025
Case Number
W-02(IPCv)(W)-1713-09/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (intellectual Property) / Appellate Judgment
Outcome
Appeal allowed; High Court finding that there was no breach of moral rights set aside; Malaysia Patent No. MY-166810-A declared invalid and revoked ab initio; damages and costs awarded to appellant; defendants' counterclaim dismissed.
Legal Topics
Moral Rights (paternity/attribution), Moral Rights (integrity), Patent Validity (novelty/anticipation), Damages for Moral Rights Infringement, Assignment of Copyright
Source Language
Malay/English
Copyright Patents Intellectual Property Academic/research Integrity Moral Rights (paternity/attribution) Moral Rights (integrity) Patent Validity (novelty/anticipation) Damages for Moral Rights Infringement +1 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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Veronica Sainik @ Ronald

Appellant/plaintiff

Meluha Life Sciences Sdn Bhd

Respondent/defendant

Vijayendran a/l Govindasamy

Respondent/defendant

Premasangery a/p Kathivaloo

Respondent/defendant

Procedural Posture

Civil Appeal (intellectual Property) / Appellate Judgment

Legal Issues

  1. 1 Whether copyright and moral rights subsist in the appellant's Master's dissertation despite assignment of economic rights to the university
  2. 2 Whether the respondents infringed the appellant's moral right of paternity (attribution) under s.25(2)(a) CA 1987
  3. 3 Whether the respondents infringed the appellant's moral right of integrity under s.25(2)(b) CA 1987 by distortion, mutilation or modification

Ratio Decidendi

The appellate court held that the appellant retained moral rights of attribution and integrity despite assignment of economic copyright, found that the respondents reproduced and modified substantial parts of the appellant's dissertation without attribution in the challenged patent thereby infringing her moral rights under s.25(2)(a) and s.25(2)(b) CA 1987, and concluded that the patent was anticipated by the appellant's 2013 dissertation and therefore invalid and revoked; consequentially the appellant was entitled to damages, aggravated damages, interest and costs.

Court Disposition

Appeal allowed; High Court finding that there was no breach of moral rights set aside; Malaysia Patent No. MY-166810-A declared invalid and revoked ab initio; damages and costs awarded to appellant; defendants' counterclaim dismissed.

Orders

  • Appeal allowed and trial judge's contrary findings set aside
  • Declaration that Malaysia Patent No. MY-166810-A is invalid for lack of novelty and revoked ab initio pursuant to Patents Act 1983 s.56