Azlan Sulaiman JC:

JUDGMENT

[AFTER TRIAL]

Introduction

[1] After a full trial of the action. I allowed the Plaintiff’s claim and dismissed the Defendant’s counterclaim. This is my Judgment for doing so.

The claim, the counterclaim, and the order for deciding them

[2] The Plaintiff is the registered owner of Utility Innovation No. MY-165197-A for a “Torque Shear Tamper Resistant Nut” (“the Plaintiffs Ul”). The Certificate for Utility Innovation issued for the Plaintiff’s Ul is dated 28.2.2018.

[3] The Plaintiff claims that an anti-theft nut manufactured by a company in China named Hebei Xinde Power Fittings Co. Ltd (“Hebei”), distributed in Malaysia by the Defendant as Hebei’s sole distributor, and supplied by the Defendant to Sarawak Energy Berhad (“SEB”) for use in SEB’s transmission line projects, infringed the Plaintiff’s Nut. For convenience I will refer to that anti-theft nut as “the ATN”.

[4] The Plaintiff therefore seeks the following relief against the Defendant:

“(1) an injunction be granted to restrain the Defendant, whether acting by itself, its officers, servants or agents or any of them or otherwise howsoever from doing the following acts or any of them, that is to say:

(a) infr