JUDGMENT

Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the plaintiff's claim that the defendants have infringed its registered industrial design No. MY-03-00072 and the defendant's counterclaim inter alia for revocation of the design. At the close of submission, the defendant informed court that they are not pursuing their counterclaim for defamation and malicious/injurious falsehood.

Brief Facts

[2] The plaintiff and defendants are manufactures and trader of stationery products. The plaintiff had instructed its manager (PW1) to design a new and simple pencil lead case/casing. PW1 is said to have designed on 15 December 2002. A sketch done by PW1 which was said to be the design was only produced during the trial and marked as exh. P12. The said design was registered through an intellectual property consultant on 7 February 2003. And subsequently production and sales has commenced. Sometime in July 2006, the plaintiff found that the defendant was selling its pencil leads in a lead case copying the same design as that of the plaintiff.

[3] The defendant's defence and counterclaim at the date of trial in essence was that (i) the design is not new as stated in the Indust