JUDGMENT

Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the plaintiffs' action premised on copyright, against the defendant, who is the distributor of the infringed product, complained of.

Brief Facts

[2] The plaintiffs say (i) the 1st plaintiff is the owner of copyright subsisting in original drawing for water meter known as Kent PSM and its predecessor the Kent Water Meter; (ii) the 2nd plaintiff is the licensee of the copyright in the drawing and the plaintiffs' water meter in Malaysia; (iii) Ningbo Water Meter Co. Ltd (Ningbo) has infringed by reproducing in material form the drawings and the plaintiffs' water meter; (iv) the defendant has infringed by selling the infringed water meter.

[3] The defendant says (i) there is no evidence to prove the drawings and subsequent drawings with minor amendments to have sufficient originality to enjoy copyright protection; (ii) the statutory declaration of plaintiff to invoke copyright must fail as the drawings were not annexed and only subsequent drawings were annexed; (iii) no substantial reproduction of the drawings; (iv) any similarities between the plaintiffs' and the defendant's water meter simply follow from t