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2025 MarsdenLR 6056

COURT OF APPEAL (PUTRAJAYA)
ZAINUN BINTI ALI, FCJ, ZAHARAH BINTI IBRAHIM, J, ANANTHAMKASINATHER, JJCA
Ho Tack Sien & Ors – Appellant
Versus
Rotta Research Laboratorium SpA & Anor – Respondent


Advocates:
Dato' Harpal Singh Grewal (Hoo Lincoln with him) (Lin Coln & Co) for the appellants.
Annou Xavier (Azri, Lee Swee Seng & Co) for the fourth appellants.
Suaran Singh (Sekhar & Suaran) for the respondents.

Table of Content
1. overview of product's registration and distribution. (Para 1 , 2)
2. employment terms and confidentiality breach. (Para 3 , 4 , 5)
3. establishment of additional entities and roles. (Para 6 , 7)

AnanthamKasinather JCA:

BACKGROUND FACTS

[1]The 1st respondent is a company incorporated in Italy and is involved in the research, development and manufacturing of various pharmaceutical products. One of the products manufactured by it is a glucosamine sulphate based drug called Viartril-S used for the treatment of osteoarthritis. The 1st respondent's Viartril-S trade mark was duly registered in Malaysia in Class 5 on 8th July 1976. The 1st respondent is the holder of the Product Licence for Viartril-S issued by the National Pharmaceutical Control Laboratory under the Ministry of Health, Malaysia. The product Viartril-S was registered with the Drug Control Authority (DCA), Ministry of Health on 12th July 1991.

[2]The 2nd respondent is a company incorporated in Malaysia and has since 1979 been the distributor appointed by the 1st respondent for the sale of Viartril-S in Malaysia. In Malaysia and in other South East Asian countries, the 1st respondent's product is distributed a

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