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JUDGMENT

IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR

(COMMERCIAL DIVISION)

[SUIT NO: D-22(IP)-1487-2005]

BETWEEN
KENDEK INDUSTRY SDN BHD (NO SYARIKAT: 201450-T)	... PLAINTIFF
AND
ECOTHERM (TFT) SDN BHD (NO SYARIKAT: 594342-V)	... DEFENDANT

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. All in all, it provides a total protection for a total of 20 years.

The subject matter of the utility innovation in the present suit relates to a roller, which is a moveable part in the dipped latex industry to produce dipped latex products such as condoms, balloons, gloves and finger cots.

According to Kendek Industry Sdn Bhd (the Plaintiff), the utility innovation discloses a composition for a movable part in

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