SIEMENS INDUSTRY SOFTWARE INC KB ENGINEERING COATINGS SDN BHD

SIEMENS INDUSTRY SOFTWARE INC KB ENGINEERING COATINGS SDN BHD

The appellant satisfied the Order 14 prerequisites and, via s.42 affidavits and supporting documentary evidence, established prima facie ownership of the copyright; the respondent failed to produce positive evidence to rebut that prima facie case or to raise genuine triable issues (name discrepancy based on the judge's internet research and a non‑compliant SISW letter did not defeat s.42 proof); the on‑site report and the respondent's admission established unauthorized reproduction of the software and infringement, and the respondent is vicariously liable for its employee's actions; accordingly summary judgment was proper and entered for the appellant.

Citation
W-02(IM)(IPCv)-624-04/2022 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: SIEMENS INDUSTRY SOFTWARE INC.; Respondent / Defendant: KB ENGINEERING COATINGS SDN BHD
Court
IM
Jurisdiction
Malaysia
Judgment Date
8 September 2023
Case Number
W-02(IM)(IPCv)-624-04/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal: Summary Judgment for Copyright Infringement / Court of Appeal Judgment (appeal From High Court Dismissal of Summary Judgment Application)
Outcome
Appeal allowed; High Court decision set aside; summary judgment entered for appellant in terms of the Statement of Claim.
Legal Topics
Summary Judgment (order 14), Ownership of Copyright (s.42 Copyright Act 1987), Locus Standi, Prima Facie Evidence, Copyright Infringement (s.36 Copyright Act 1987), Vicarious Liability, Judicial Notice, Admissibility of Third Party Reports
Source Language
Malay/English
Copyright Intellectual Property Civil Procedure Evidence Employment / Vicarious Liability Summary Judgment (order 14) Ownership of Copyright (s.42 Copyright Act 1987) Locus Standi +5 more

Case Brief

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Parties

SIEMENS INDUSTRY SOFTWARE INC.

Appellant / Plaintiff

KB ENGINEERING COATINGS SDN BHD

Respondent / Defendant

Procedural Posture

Civil Appeal: Summary Judgment for Copyright Infringement / Court of Appeal Judgment (appeal From High Court Dismissal of Summary Judgment Application)

Legal Issues

  1. 1 Whether appellant owns the copyright in the Software and has established prima facie evidence under s.42 Copyright Act 1987
  2. 2 Whether appellant has locus standi given alleged corporate name discrepancy
  3. 3 Whether the defendant infringed the appellant's copyright by using unlicensed/cracked software

Ratio Decidendi

The appellant satisfied the Order 14 prerequisites and, via s.42 affidavits and supporting documentary evidence, established prima facie ownership of the copyright; the respondent failed to produce positive evidence to rebut that prima facie case or to raise genuine triable issues (name discrepancy based on the judge's internet research and a non‑compliant SISW letter did not defeat s.42 proof); the on‑site report and the respondent's admission established unauthorized reproduction of the software and infringement, and the respondent is vicariously liable for its employee's actions; accordingly summary judgment was proper and entered for the appellant.

Court Disposition

Appeal allowed; High Court decision set aside; summary judgment entered for appellant in terms of the Statement of Claim.

Orders

  • Summary judgment entered against KB Engineering Coatings Sdn Bhd in terms of the Statement of Claim