Malaysia Case Law: Decisions & Judgments

Topic

Subsistence of copyright

Legal area

Court

8 Sept 2023

1. ) TERMGUARD PTY LTD 2. ) TERMGUARD ASIA SDN BHD RAPIDKILL PEST CONTROL (KL) SDN BHD

Citation

WA-22IP-26-04/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-26-04/2020 (Mahkamah Tinggi)

The court found the Plaintiffs' drawings are artistic works in which copyright subsists and the 1st Plaintiff is the owner (s.7, s.10, s.26 and s.42 CA 1987 supported by admissible SD), but the Plaintiffs failed to prove copyright infringement because although objective similarities existed they were not substantial and no causal connection/ substantial part copying was established; consequently claims for infringement, passing off and unlawful interference failed (functional features not distinctive; no misrepresentation; no unlawful means).
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.
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 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 t…

Malaysia Case Law

1. ) TERMGUARD PTY LTD 2. ) TERMGUARD ASIA SDN BHD RAPIDKILL PEST CONTROL (KL) SDN BHD

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