1. DNC ASIATIC HOLDINGS SDN BHD 2. DEMAK MARKETING SDN BHD 3. DEMAK MOTOR CORPORATION SDN BHD HONDA GIKEN KOGYO KABUSHIKI KAISHA

1. DNC ASIATIC HOLDINGS SDN BHD 2. DEMAK MARKETING SDN BHD 3. DEMAK MOTOR CORPORATION SDN BHD HONDA GIKEN KOGYO KABUSHIKI KAISHA

The Court of Appeal dismissed Appeal 2 and affirmed the High Court: copyright in the EX-5 two-dimensional drawings and the three-dimensional EX-5 motorcycle subsisted in Malaysia from 1 October 1990; Honda owned the copyright by virtue of authorship established through evidence (PW1 testimony and s.42 statutory declaration/true copies and assignment from Honda R&D) and employee-employer rules (s.26(2)); the Defendants failed to adduce positive evidence to rebut the s.42 prima facie case; the three-dimensional work remained protected given the saving provisions of the amending Act; therefore the High Court's findings on subsistence and ownership stand.

Citation
W-02(IPCV)(W)-2376-12/2016 (Mahkamah Rayuan)
Parties
Appellant/defendant: MForce Bike Holdings Sdn Bhd; Appellant/defendant: Malaysian Formula Bikes Sdn Bhd; Respondent/plaintiff: Honda Giken Kogyo Kabushiki Kaisha (Honda Motor Co. Ltd)
Court
IPCV
Jurisdiction
Malaysia
Judgment Date
30 October 2019
Case Number
W-02(IPCV)(W)-2376-12/2016 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (copyright) / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; High Court judgment on subsistence and ownership of copyright affirmed
Legal Topics
Subsistence of Copyright, Ownership and Authorship, Statutory Declaration (s.42) as Prima Facie Proof, Admissibility/hearsay (s.73 A), Three Dimensional Works, Burden and Standard of Proof, Appeal Standard (plainly Wrong)
Source Language
Malay/English
Copyright Law Intellectual Property Evidence Law Civil Procedure Subsistence of Copyright Ownership and Authorship Statutory Declaration (s.42) as Prima Facie Proof Admissibility/hearsay (s.73 A) +3 more

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Parties

MForce Bike Holdings Sdn Bhd

Appellant/defendant

Malaysian Formula Bikes Sdn Bhd

Appellant/defendant

Honda Giken Kogyo Kabushiki Kaisha (Honda Motor Co. Ltd)

Respondent/plaintiff

Procedural Posture

Civil Appeal (copyright) / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether copyright subsists in the claimed EX-5 works and whether Honda owns the copyright
  2. 2 Whether the Defendants infringed Honda's copyright (addressed in separate appeals)
  3. 3 Whether statutory declaration/affidavit under s.42 Copyright Act 1987 and related hearsay exceptions under Evidence Act 1950 suffice to establish authorship/ownership

Ratio Decidendi

The Court of Appeal dismissed Appeal 2 and affirmed the High Court: copyright in the EX-5 two-dimensional drawings and the three-dimensional EX-5 motorcycle subsisted in Malaysia from 1 October 1990; Honda owned the copyright by virtue of authorship established through evidence (PW1 testimony and s.42 statutory declaration/true copies and assignment from Honda R&D) and employee-employer rules (s.26(2)); the Defendants failed to adduce positive evidence to rebut the s.42 prima facie case; the three-dimensional work remained protected given the saving provisions of the amending Act; therefore the High Court's findings on subsistence and ownership stand.

Court Disposition

Appeal dismissed; High Court judgment on subsistence and ownership of copyright affirmed

Orders

  • Appeal W-02(IPCV)(W)-2-01/2017 dismissed with costs of 20,000.00 (MYR) against the Appellants
  • Appeal W-02(IPCV)(W)-2376-12/2016 dismissed with costs of 20,000.00 (MYR) against the Appellants on subsistence and ownership issue