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2016 MarsdenLR 1078
HIGH COURT MALAYA KUALA LUMPUR
RISK - X SDN BHD – Appellant
Versus
CAPITAL MARKET RISK ADVISOR SDN BHD & ORS – Respondent
[Suit No: 22IP-5-03/2015]
Important Points
A claimant must prove ownership and infringement for copyright claims; mere allegations are insufficient.
Subject
Intellectual Property - Copyright and Confidentiality
Act Referred
Copyright Act 1987: S.3, S.101
Headnote
In a copyright infringement case, the Plaintiff claimed ownership of software ORMSv6. The Court analyzed copyright eligibility under the Copyright Act 1987, and ownership requirements. It found the Plaintiff failed to establish ownership and infringement, thus dismissing claims of passing off, breach of confidentiality, and conspiracy to injure. The issues framed included copyright ownership and infringement. The Court highlighted that onus lies on the Plaintiff to prove ownership and similarity which was not demonstrated effectively. The Plaintiff's claims are dismissed with costs, indicating no rights were violated.
| Table of Content |
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| 1. defendants are former employees of the plaintiff and involved with a competing product. (Para 1) |
| 2. plaintiff's claims are based on multiple grounds of legal action. (Para 2) |
[1] The Plaintiff sued the Defendants jointly and/or severally for injunctions and damages premised on the following causes of actions:
(i) copyright infringement;
(ii) passing off;
(iii) breach of the Non Disclosure Agreement and/or Confidential Information; and
(iv) conspiracy to injure the business of the Plaintiff.
[2] After a full trial, this Court has dismissed the Plaintiff's case with costs.
