Introduction:

To get the most out of this law bulletin join CLJ Law Online now - http://www.cljlaw.com/?page=subscription

Feel free to forward this to your colleagues. Get this bulletin as email by going to http://www.cljlaw.com/?page=bulletinsubscribe

TIRTHADEVA SIVAN PREMKUMAR v.
PENGERUSI LEMBAGA PENCEGAHAN JENAYAH MALAYSIA & ORS [2016] 5 CLJ 1007
HIGH COURT MALAYA, ALOR SETAR
CHOO KAH SING JC
[CRIMINAL APPLICATION NO: 44-25-11-2015]
15 APRIL 2016

PREVENTIVE DETENTION: Detention order - Validity of - Habeas corpus - Application for - Findings of inquiry officer - Whether a positive finding made pursuant to s. 10(2) of the Prevention of Crime Act 1959 ('the Act') - Prevention of Crime Board ('Board') confirmed inquiry officer's positive finding under s. 11(2)(a) - Whether mandatory requirement to serve copy of Board's decision to applicant under s. 10(4) relevant - Whether applicant deprived of right to request Board to review decision under s. 10(3)(b) - Whether there was miscarriage of justice - Whether Prevention of Crime (Advisory Board Procedure) Regulations 2014 made within powers conferred by the Act - Whether enactment of s. 19A(4) strengthens Minister's powers to make regulations - Federal Constitution, art. 151

Legal Network Series

CLJ 2016 Volume 5 (Part 6)

COURT OF APPEAL

Utusan Melayu (Malaysia) Bhd v. Dato' Sri Diraja Hj Adnan Hj Yaakob
Rohana Yusuf, Idrus Harun JJCA, Mary Lim J
(Tort; Civil Procedure - Action - Capacity to sue - Defamation action) [2016] 5 CLJ 857 [CA]

HIGH COURT

Econpile (M) Sdn Bhd v. Irdk Ventures Sdn Bhd & Another Case
Lee Swee Seng J
(Construction Law - Adjudication - Setting aside - Claim for works done) [2016] 5 CLJ 882 [HC]

Homewest Sdn Bhd v. Vision Returns Sdn Bhd
Wong Kian Kheong JC
(Company Law - Winding up - Inability to pay debts - Failure to make payment despite being served with statutory demand) [2016] 5 CLJ 922 [HC]

Jasmine Food Corporation Sdn Bhd v. Leong Wai Choon & Anor
Azizah Nawawi J
(Civil Procedure; Intellectual Property - Copyright - Infringement of) [2016] 5 CLJ 953 [HC]

Stealth Infra Sdn Bhd v. Sr Alias Marjoh
Lau Bee Lan J
(Contract - Breach - Termination - Letter of award to develop land) [2016] 5 CLJ 978 [HC]

Tirthadeva Sivan Premkumar v. Pengerusi Lembaga Pencegahan Jenayah Malaysia & Ors
Choo Kah Sing JC
(Preventive Detention - Detention order - Validity of - Habeas corpus) [2016] 5 CLJ 1007 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Action - Capacity to sue - Defamation action - Whether Menteri Besar had locus standi to initiate suit for defamation in official capacity - Public interest considerations - Whether public officials should be open to criticism - Whether public officials could denounce criticisms by suing their critics - Whether right of freedom of speech and expression would be stifled - Federal Constitution, art. 10(1)(a)
Utusan Melayu (Malaysia) Bhd v. Dato' Sri Diraja Hj Adnan Hj Yaakob
(Rohana Yusuf, Idrus Harun JJCA, Mary Lim J) [2016] 5 CLJ 857 [CA]

Striking out - Action - Defamation action - Whether Menteri Besar had locus standi to initiate action for defamation in official capacity - Public interest considerations - Whether public officials should be open to criticism - Whether public officials could denounce criticisms by suing their critics - Whether right of freedom of speech and expression would be stifled - Whether suit ought to be struck out - Rules of Court 2012, O. 18 r. 19(1)(b) & (d)
Utusan Melayu (Malaysia) Bhd v. Dato' Sri Diraja Hj Adnan Hj Yaakob
(Rohana Yusuf, Idrus Harun JJCA, Mary Lim J) [2016] 5 CLJ 857 [CA]

Summary judgment - Application for - Copyright and trade mark infringements - Whether defendants raised bona fide defence or triable issues warranting trial - Whether summary judgment ought to be allowed
Jasmine Food Corporation Sdn Bhd v. Leong Wai Choon & Anor
(Azizah Nawawi J) [2016] 5 CLJ 953 [HC]

COMPANY LAW

Winding up - Inability to pay debts - Failure to make payment despite being served with statutory demand - Whether company commercially insolvent - Whether adverse effect of winding up order relevant in deciding petition - Companies Act 1965, ss. 218(1)(a) & (e)
Homewest Sdn Bhd v. Vision Returns Sdn Bhd
(Wong Kian Kheong JC) [2016] 5 CLJ 922 [HC]

Winding up - Stay of proceedings - Pending disposal of appeal - Whether there were exceptional circumstances warranting exercise of discretion to grant short adjournment - Whether short adjournment could be allowed with condition that demanded sum should be paid into court - Whether adjournment would cause prejudice to petitioner - Companies Act 1965, ss. 221(1), 222 & 243(1)
Homewest Sdn Bhd v. Vision Returns Sdn Bhd
(Wong Kian Kheong JC) [2016] 5 CLJ 922 [HC]

CONSTRUCTION LAW

Adjudication - Setting aside - Claim for works done - Application to set aside decision of adjudicator - Dispute in payment claims - Termination of contract - Whether respondent bound to make further payments until final account determined upon completion of works - Whether adjudicator had authority to withhold release of decision on account of non-payment of Goods and Service Tax (`GST') - Whether withholding of decision for non-payment of GST rendered adjudication decision void - Granting of interest in absence of submission by either parties - Whether amounted to breach of natural justice - Construction Industry Payment And Adjudication Act 2012, ss. 5, 6
Econpile (M) Sdn Bhd v. Irdk Ventures Sdn Bhd & Another Case
(Lee Swee Seng J) [2016] 5 CLJ 882 [HC]

CONTRACT

Breach - Termination - Letter of award to develop land - Termination of letter of award - Claim for specific performance or damages for loss of profits in lieu of specific performance - Whether issuance of letter of award authorised - Whether letter of award in compliance with the law - Whether committee members had knowledge of letter of award - Applicability of Turquand's rule - Whether there was lack of consideration - Whether letter of award amounted to conditional/contingent award
Stealth Infra Sdn Bhd v. Sr Alias Marjoh
(Lau Bee Lan J) [2016] 5 CLJ 978 [HC]

INTELLECTUAL PROPERTY

Copyright - Infringement of - Claim for copyright in relation to graphical work in rice product packaging - Whether plaintiff owned copyright to rice product packaging - Whether defendants infringed plaintiff's copyright - Similarity of graphical work - Whether established
Jasmine Food Corporation Sdn Bhd v. Leong Wai Choon & Anor
(Azizah Nawawi J) [2016] 5 CLJ 953 [HC]

Trade marks - Registered trade mark - Passing off - Claim for copyright in relation to graphical work in rice product packaging - Whether plaintiff acquired goodwill and reputation of trade mark - Whether plaintiff had sufficient reputation in goods or services offered to public - Whether there was misrepresentation by defendants that led public to believe that rice products sold were plaintiff's goods - Whether plaintiff suffered damages or injury to business or goodwill due to defendant's misrepresentation
Jasmine Food Corporation Sdn Bhd v. Leong Wai Choon & Anor
(Azizah Nawawi J) [2016] 5 CLJ 953 [HC]

PREVENTIVE DETENTION

Detention order - Validity of - Habeas corpus - Application for - Findings of inquiry officer - Whether a positive finding made pursuant to s. 10(2) of the Prevention of Crime Act 1959 (`the Act') - Prevention of Crime Board (`Board') confirmed inquiry officer's positive finding under s. 11(2)(a) - Whether mandatory requirement to serve copy of Board's decision to applicant under s. 10(4) relevant - Whether applicant deprived of right to request Board to review decision under s. 10(3)(b) - Whether there was miscarriage of justice - Whether Prevention of Crime (Advisory Board Procedure) Regulations 2014 made within powers conferred by the Act - Whether enactment of s. 19A(4) strengthens Minister's powers to make regulations - Federal Constitution, art. 151
Tirthadeva Sivan Premkumar v. Pengerusi Lembaga Pencegahan Jenayah Malaysia & Ors
(Choo Kah Sing JC) [2016] 5 CLJ 1007 [HC]

TORT

Defamation - Libel - Article published in mainstream newspaper - Contents of article revolved around Menteri Besar Pahang and perceived weaknesses of his administration - Whether article concerned Menteri Besar in his personal capacity or maligned him personally - Whether Menteri Besar had locus standi to file defamation suit in official capacity - Whether public officials should be open to criticism - Whether public officials could denounce criticisms by suing their critics - Whether right of freedom of speech and expression would be stifled - Federal Constitution, art. 10(1)(a)
Utusan Melayu (Malaysia) Bhd v. Dato' Sri Diraja Hj Adnan Hj Yaakob
(Rohana Yusuf, Idrus Harun JJCA, Mary Lim J) [2016] 5 CLJ 857 [CA]

LNS Article(s)

1. PROTECTING YOUR INTELLECTUAL PROPERTY FROM MISAPPROPRIATION ANDLOSS BY EMPLOYEES AND COMPETITORS* ^{[Read excerpt]}
   TENG WEI REN [2016] 1 LNS(A) lv

[2016] 1 LNS(A) lv



MALAYSIA

---

PROTECTING YOUR INTELLECTUAL PROPERTY FROM MISAPPROPRIATION AND
LOSS BY EMPLOYEES AND COMPETITORS*

TENG WEI REN

IN THIS ARTICLE, TENG WEI REN RECOMMENDS THE IMPLEMENTATION OF A ROBUST INTELLECTUAL PROPERTY POLICY TO PROTECT INTELLECTUAL PROPERTY ASSETS FROM FALLING INTO THE HANDS OF COMPETITORS THROUGH ACTIONS OF ROGUE EMPLOYEES

Introduction

Today’s knowledge-based economy has given rise to new sources of competition. The development and acquisition of new ideas and innovation have become the core competence for a successful corporation; perhaps over and above the control of markets and raw materials. Strategic management of intellectual property (“IP”) will ensure market dominance and continuing profitability.

Employees are the wellspring of a corporation’s IP. Inventions, trademarks, designs, technology, know-how and trade secrets are fairly obvious IP.

However, even seemingly trivial work done by employees, such as compilation of databases or creation of marketing brochures, may also produce IP of significant value.

. . .

* Published with kind permission of M/s Shearn Delamore & Co.

---

Please subscribe to cljlaw or login for the full article.

Principal Acts

Amending Acts

PU(A)

PU(B)

Legislation Alert