Low Hop Bing J:

I. Claim And Counterclaim

[1] The plaintiff's claim is based on:

(1) the infringement of its registered trade marks viz "FUCIDIN" (Registration NO 85/04916) and "FUCICORT" (Registration No M/90043) in Class 5 in respect of pharmaceutical and veterinary preparations on 7 November 1985 and 3 April 1981 respectively (collectively "the plaintiff's trade marks"); and

(2) passing-off or attempted passing-off of pharmaceutical products, not being of the plaintiff's, as and for the plaintiff's.

[2] The defendant has in turn made a counterclaim for rectification, to invalidate and expunge the registration of the plaintiff's trade marks, and for damages arising from unlawful interference with the defendant's trade or business.

II. Agreed Facts

[3] The plaintiff is a corporation, incorporated in Denmark. Its principal place of business is at 55, Industriparken, DK-2750, Batterup, Denmark. The plaintiff carries on the business of manufacturing and distributing, inter alia, antibiotic preparations containing fucidic acids bearing the trade marks.

[4] The defendant is a private limited company incorporated under the Companies Act 1965. Its registered office is at 535B, Jalan Merd