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HIGH COURT MALAYA KUALA LUMPUR
ADLEESYA BEAUTY SDN BHD – Appellant
Versus
NORDLEEZ ENTERPRISE & ANOR – Respondent
| Table of Content |
|---|
| 1. general findings about the copyright infringement case. (Para 1 , 2) |
| 2. defendants' appeal against copyright infringement ruling. (Para 3) |
| 3. witnesses and their testimonies related to the plaintiff's case. (Para 4 , 5 , 6 , 7 , 8) |
| 4. defendants' arguments against copyright claims. (Para 9) |
| 5. requirements for copyright eligibility. (Para 10 , 11 , 12 , 13) |
| 6. statutory declaration and copyright ownership evidence. (Para 16 , 18 , 20) |
| 7. connection between copyright infringement and proof requirements. (Para 22 , 32 , 34) |
| 8. defendant's failure to establish non-uniqueness of plaintiff's work. (Para 23 , 24) |
| 9. determining objective similarity in copyright infringement cases. (Para 29 , 30) |
| 10. conclusion on causal connection and copyright infringement. (Para 40 , 41) |
Introduction
[1] After a full trial, this Court made the following findings:
(i) the drawings and the design of the box and product packaging containing the Plaintiff's beauty product called "Women Desiree Triple Advance Cream" ("the Plaintiff's Box"), is an artistic work and is a work protected by copyright pursuant to the Copyright Act 1987 (" CA 1987");
(ii) the Statutory Declaration ("S
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