HIGH COURT MALAYA KUALA LUMPUR
VERONICA SAINIK @ RONALD – Appellant
Versus
MELUHA LIFE SCIENCES SDN BHD & ORS – Respondent
JUDGMENT
Introduction
[1] The Plaintiff filed this Suit against the Defendants seeking for a declaration under s 25 of the Copyright Act 1987 (" CA ") that the Defendants had infringed her moral rights over her academic dissertation entitled "Isolation, Expansion, and In-Vitro Characterization of Mesenchymal Stem Cells of Dental Origin" ("Masters Dissertation"). The Defendants successfully secured a registration for a patent titled "Isolation, Expansion, and Characterization of Precursor / Stem Cells from Dental Tissues" at the Register of Patents Malaysia on 23 July 2018 with grant number MY-166810-A ("the Patent"). The Plaintiff alleged that the Patent had copied more than half of the contents and data of the Masters Dissertation, where the contents, specifically for the methodology aspect, have been modified and used in the Patent without the consent of the Plaintiff. Consequently, the Plaintiff prayed for the registration of the Patent in the name of the 1st Defendant ("D1") to be invalidated or alternatively for an injunction ordering the Defendants to remove the names of the 2nd and 3rd Defendants ("D2", "D3") as the inventors of the Patent, and damages.
[2]
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