Azahar Mohamed CJM:

Introduction

[1] This is an appeal against the decision of the Court of Appeal which reversed the High Court's decision that allowed the appellant's claim for patent and copyright infringements against the respondents.

[2] The appellant's claims revolve around its Malaysian Patent No: MY139512-A relating to a machine used in the oil palm industry known as the 'Fruit Bunch Splitter' ("Fruit Bunch Splitter") ("the appellant's Patent") and the design drawings relating to the Fruit Bunch Splitter and its component parts ("Design Drawings").

[3] The appellant sued both the respondents at the High Court for infringement of the appellant's Patent and infringement of copyright subsisting in the Design Drawings of the Fruit Bunch Splitter.

[4] The High Court found in favour of the appellant and held that the respondents had infringed the appellant's Patent and the copyright subsisting in the Design Drawings of the Fruit Bunch Splitter.

[5] The Court of Appeal took a diametrically opposite view. The Court of Appeal in effect found that the appellant's Patent was invalid, copyright did not subsist in the Design Drawing of the Fruit Bunch Splitter, and that in any event,