Azahar bin Mohamed,J

JUDGMENT

This action is in respect of a "utility innovation" under the Patent Act 1983 (the Act). A utility innovation is not a patent. A utility innovation is an exclusive right granted for a 'minor' invention that falls short of the inventive step and novelty bars required for patent protection. It is at times described as utility models, petty patents or by some other name. A utility innovation is protected for an initial period of 10 years, which may be extended for another two 5- year term. AH in all, it provides a total protection for a total of 20years.

The subject matter of the utility innovation in the present suit relatesto a roller, which is a moveable part in the dipped latex industry toproduce dipped latex products such as condoms, balloons, glovesand finger cots.

According to Kendek Industry Sdn Bhd (the Plaintiff), the utilityinnovation discloses a composition for a movable part in the saidindustry using plastics and fibre-glass as a mixture.

The Plaintiff claims that Ecotheram Sdn Bhd (the Defendant) hadinfringed its utility innovation No MY 107629 A for ""MaterialComposition of Parts for Use in Dipped Latex Products Industry" (theUi).

For ease of r