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2016 MarsdenLR 787

FEDERAL COURT PUTRAJAYA
DYNACAST (MELAKA) SDN BHD & ORS – Appellant
Versus
VISION CAST SDN BHD & ANOR – Respondent


Petitioner Advocates:Cyrus Das,Meyappan Pillai,Alvin Teo Sze Pin ,Respondent Advocate: Lambert Rasa Ratnam,Bahari Yeow,Lim Zhi Jian,Johanan Puthucheary

Table of Content
1. confidentiality clauses must have clear, enforceable terms. (Para 1 , 18 , 21)
2. breach of confidentiality must be substantiated by clear evidence. (Para 5 , 6 , 34)
3. ownership of copyright must be proved to establish claims of infringement. (Para 37 , 38 , 39)
Richard Malanjum CJSS:

Preliminary

[1] On 3 December 2014 the appellants successfully obtained leave to appeal from this court on the following questions ("leave questions"):

i. Whether the principle of law in Svenson Hair Center Sdn Bhd v. Irene Chin Zee Ling , 2008 MarsdenLR 2100 that protection of confidential information "does not have any time limits" is a correct statement of law and would therefore have been binding on the 2nd respondent even after his tenure with the appellants had ended?

ii. Whether s 132 of the Companies Act 1965 on a Director's obligation of confidentiality, and s 28 of the Contracts Act 1950 on restraint of trade are mutually exclusive such that a Director would have to maintain confidentiality and/or observe his fiduciary duties in respect of confidential information even after his tenure of office has expired?

iii. Where copyright of a collage is explicitly conceded by the com

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