JUDGMENT

(Striking Out Application)

Azlan Sulaiman JC:

Introduction

[1] In this action the Plaintiff essentially makes two claims The first is that it is the inventor of a product described as a"graphene-based car jump starter power bank" ("the Product"), and that the 1st Defendant is attempting to steal a march on it by submitting Patent Application No PI2021007886 ("the Patent Application") to register a patent over the Product as its inventor/owner. The second is a claim against the 2nd Defendant for defamation. The Plaintiff has added the 3rd Defendant, Perbadanan Harta Intelek Malaysia, the Intellectual Property Corporation of Malaysia ("MyIPO") as a nominal defendant for the first claim. MyIPO takes umbrage with being added as a defendant and applied to strike out the Plaintiffs action against it ("MyIPO's Application"). I allowed MyIPO's Application, on four grounds. This Judgment sets them out.

Ground 1: No Cause Of Action Pleaded Against MyIPO

[2] In para 3 of the Pernyataan Tuntutan, the Plaintiff identified MyIPO and set out what it believed were its functions. In para 5 of its Pernyataan Tuntutan, the Plaintiff expressly pleaded:

"Plaintif menamakan Defendan Ketiga sebagai De