JUDGMENT

Siti Norma Yaakob J:

Nine questions of law were argued before me as preliminary issues arising from two consolidated suits brought by the plaintiffs against the defendant to enforce their copyright in certain artistic works relating to a type of pump known as the "slurry pump", which is designed, manufactured and distributed by the plaintiffs worldwide. Slurry pumps are mining equipments used to transport bulk materials such as coal, sand and gravel suspended in a fluid and flowing in a system of pipes.

The plaintiffs are Australian-based companies and in the lead action 1357, they allege that the defendant, a company incorporated in Malaysia, are reproducing slurry pump parts which are copies of the plaintiffs' slurry pump parts and engineering drawings of the same, with the intention to distribute their products by sale to the public. In the other action 1515, the plaintiffs allege that the defendant are reproducing certain moulds identical to moulds used by the plaintiffs to make the slurry pump parts.

It is the plaintiffs' case that they have not given their consent or licence to the defendant to copy, reproduce or manufacture any slurry pump part or mould and any at