nda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd [HCM] 11/25/12

www.ipsofactoJ.com/highcourt/index.htm [2005] Part 1 Case 14 [HCM]

Coram Judgment

HIGH COURT OF MALAYA Honda Giken Kogyo Kabushiki Kaisha - vs Allied Pacific Motor (M) Sdn Bhd
22 MARCH 2003

SURIYADI HALIM OMAR J

Suriyadi Halim Omar, J
1. The plaintiff has applied for an interlocutory injunction before me relying on infringements of its registered industrial designs and copyright works, by defendants, as the causes of action. Simply put two types of infringement have occurred. The first cause of action i.e. the infringement of the registers industrial designs in Malaysia relates to the following registrations: 1. No MY 01-00265 for a motor scooter (registered on December 7, 2000); 2. No MY 01-00278 for the rear combination lamp (registered on December 7, 2000); 3. No MY 01-00280 for a motor scooter (registered on December 7, 2000); 4. No MY 01-00281 for leg shields of a motor scooter (registered on December 7, 2000); and 5. No MY 01-00290 for handle cover equipped with lights of a motor scooter (registered on December 7, 2000). Hereinafter these 5 designs will be referred to as "the registered industrial designs" or merely "designs"). 2. The abovementioned designs infringement here pertained to parts of a motorcycle and the vehicle proper, embodied in the plaintiffs Honda Wave 125 model, allegedly imitated by the defendants under its own version known as Comel Manja JMP 125 (see as an example design number MY 01-00280). These designs were registered on December 7, 2000 in Malaysia with the relevant Ministry, principally the Ministry of Domestic Trade and Consumer Affairs, Intellectual Property Division / Intellectual Property Corporation of Malaysia. 3. The relevant statutory law as regards the application of registration of industrial designs is the Industrial Designs