Ramly Ali J

Enclosure 3 is an application by the plaintiff for an interlocutory injunction prohibiting the defendants from infringing the second plaintiff’s copyright in the QnE Software.

The plaintiff’s claim against the defendants are as follows:

(a)infringement of the second plaintiff’s copyright in the QnE Software;

(b)breach of duty of confidentiality to the plaintiffs;

(c)breach of the employment agreement by the second defendant;

(d)breach of fiduciary duty by the third defendant.

The principles governing the grant of an interlocutory injunction were laid down by Lord Diplock in the House of Lords in the case of American Cyanamid v Ethicon Ltd

(a)there are serious issues to be tried;

(b)damages will not be an adequate compensation; and

(c)balance of convenience favours the grant of the injunction.

The above principles have been adopted by the Court of Appeal in Keet Gerald Francis Noel John v Mohd Noor bin Abdullah & Ors

INFRINGEMENT OF THE SECOND PLAINTIFF’S COPYRIGHT IN THE QnE SOFTWARE

The plaintiff’s QnE Software is an accounting software specially designed for use by a person with minimal accounting background. The objective of the QnE Software is to bypass the in depth knowledge