The Honda case – Injunctive Relief in Industrial Design and Three Dimensional Copyright in Malaysia
3 November 2006 (MIP WEEK)
The High Court in Malaysia has delivered an important decision on the various issues pertaining to copyright and industrial design with special reference to an application for an interlocutory injunction.
In Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30, the famous Japanese marque for bikes and cars applied for an interlocutory injunction against a local manufacturer of a motorcycles in respect of two models manufactured by them. The first model was known as the COMEL MANJA JMP 125, to which Honda claimed had infringed its industrial design in respect of various designs filed embodying its HONDA WAVE 125 model motorcycle. The next was a claim against the defendants’ for manufacturing the COMEL MANJA JMP-100 (GS-5) motorcycle, for copyright infringement, on the grounds that the manufacture of the same was infringing the copyright of the design drawings embodying the plaintiff’s HONDA EX-5 DREAM motorcycle.
The key findings of the court on the law was that novelty for industrial designs in Malaysia is local, and thereby the publication or use of the design outside the country prior to registration will not render the design invalid.
In Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30, the famous Japanese marque for bikes and cars applied for an interlocutory injunction against a local manufacturer of a motorcycles in respect of two models manufactured by them. The first model was known as the COMEL MANJA JMP 125, to which Honda claimed had infringed its industrial design in respect of various designs filed embodying its HONDA WAVE 125 model motorcycle. The next was a claim against the defendants’ for manufacturing the COMEL MANJA JMP-100 (GS-5) motorcycle, for copyright infringement, on the grounds that the manufacture of the same was infringing the copyright of the design drawings embodying the plaintiff’s HONDA EX-5 DREAM motorcycle.
The key findings of the court on the law was that novelty for industrial designs in Malaysia is local, and thereby the publication or use of the design outside the country prior to registration will not render the design invalid.
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