JUDGMENT

[After A Full Trial]

Azlan Sulaiman JC:

A. Introduction

[1] In his book "The Art of War", Sun Tzu (544-496 BC), Chinese military general, strategist, philosopher and writer, wrote that "Attack is the secret of defence; defence is the planning of an attack". In modern times it has been adapted into the adage, "The best defence is a good offence". In German, it has been abbreviated even further, into 'gegenpressing', and has been applied to great success by another "general" and strategist, currently commanding a football club situated on one side of Stanley Park in Merseyside, England.

[2] The Plaintiff here looks to have taken Sun Tzu's principle on board. The Defendants between them have registered three industrial designs under the Industrial Designs Act, 1996 ("the Act") . Upon the Plaintiff receiving a demand from them to cease and desist from infringing one of them, the Plaintiff launched an offensive by filing this action to revoke all three of them under s 27 of the Act. The Defendants naturally counterclaimed against the Plaintiff for infringement of that one of its registered industrial designs under s 32 of the Act.

[3] If the Plaintiff is successful and the Defenda