Abdul Malik Ishak J:

Copyright Infringement

The plaintiff's cause of action is for copyright infringement and arising out of that the plaintiff seeks by way of encl. 3 summary judgment under o. 14 of the Rules of the High Court 1980 ( "RHC ") against the defendant.

Copyright is a creature of statute. The Copyright Act 1987 exclusively governs the protection and enforcement of copyright in in Malaysia. The law is clear and undisputed. To succeed in a copyright infringement claim, the plaintiff has to establish that:

(i) copyright subsists in Malaysia in the works claimed;

(ii) the plaintiff owns the copyright; and

(iii) the defendant has infringed the plaintiff's copyright.

order 14 The Summary Judgment

The plaintiff is confident that it will succeed in its cause of action and so the plaintiff files the o. 14 application. It is now trite law that a plaintiff may obtain a judgment against the defendant on the ground that the defendant has no cause of action.

The plaintiff must establish its cause of action, that is, copyright infringement and that the defendant has not raised any defence to the plaintiff's claim of copyright infringement or any triable issue for that matter.