30 Oct 2019
1. DNC ASIATIC HOLDINGS SDN BHD 2. DEMAK MARKETING SDN BHD 3. DEMAK MOTOR CORPORATION SDN BHD HONDA GIKEN KOGYO KABUSHIKI KAISHA
- Citation
- W-02(IPCV)(W)-2376-12/2016 (Mahkamah Rayuan)
- Court
- IPCV
- Case number
- W-02(IPCV)(W)-2376-12/2016 (Mahkamah Rayuan)
The Court held that the High Court correctly found copyright subsisted in the EX-5 two-dimensional drawings and in the three-dimensional motorcycle because subsistence pre-dated the 1996 amendment and was preserved by transitional provisions; Honda established ownership via statutory declaration under s42 supported by witness PW1 and documentary true copies and by deemed employer ownership under s26(2); the appellants failed to adduce positive evidence to rebut the prima facie case; therefore the appeal against subsistence and ownership is dismissed.