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2010 MarsdenLR 1075

HIGH COURT MALAYA KUALA LUMPUR
ROTTA RESEARCH LABORATORIUM SPA & ANOR – Appellant
Versus
HO TACK SIEN & ORS – Respondent


Table of Content
1. claims of theft and trademark infringement (Para 1 , 2 , 3 , 4)
2. defendants' objections and allegations (Para 5 , 9 , 10)
3. court's discretionary power on discovery (Para 11 , 13 , 14 , 20)
4. criteria for allowing document production (Para 15 , 18)
5. conditions for discovery and necessary production (Para 22 , 27)
Mah Weng Kwai JC:

[1] The plaintiffs by their statement of claim dated 7 December2001 sought inter alia an injunction against the 1st, 2nd and 3rd defendants from using or disclosing confidential information obtained from the 2nd plaintiff; an injunction against the 3rd defendant from passing off the business of the plaintiffs; an order of delivery up of infringing documents and materials by the defendants to the plaintiffs and an order for an account of profits or for damages to be assessed. The plaintiffs have also sought inter alia, an injunction against the 3rd, 4th and 5th defendants from infringing their trade mark and from passing off the infringed products; an order for the delivery up of the infringed products to the plaintiffs for disposal by destruction and an order for an account of profits or for damages to be assessed.

[2] The plaintiffs all

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