[1997] SGHC 135

In the High Court of the Republic of Singapore

[1997] SGHC 135

Suit 2063/1995

Between

Solite Impex Pte Ltd

… Plaintiff

And

Ang Lay See trading as Beng Poh Heng Trading
Allwin Hardware & Plastic Mfg Pte Ltd
Oong Chin Poh

… Defendant

grounds of decision

This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports.

Solite Impex Pte Ltd v Ang Lay See trading as Beng Poh Heng Trading and Others

[1997] SGHC 135

Suit 2063/1995
Lai Kew Chai J
26 May 1997

1
Judgment:

8 7 There are accordingly two questions for my determination:-

11 The relevant law of registered design

12 Interlego

AG v Tyco Industries Inc

14 "

15 10 Section 11(2) of the UK 1949 Act, as amended, provides:-

18 "1. Designs registrable under Act

20 (a) a method or principle of construction, or

26 (4) A design shall not be regarded as new for the

purposes of this Act if it is the same design -

27 (a) registered in respect of the same or any other

article in pursuance of a prior application, or

28 (b) published in the United Kingdom in respect of the

same or any other article before the date of the application,

29 or if it differs from such a design only in immaterial

details or in features which are variants commonly used in the trade.

30 .....

32 Leatheries Ltd v

Lycett Saddle and Motor Accessories Co Ltd (1909) 26 RPC 166 and Kangol

(Manufacturing) Ltd v Centro Komise (London) Ltd

36 16 The defendants rely on the Malaysian case of Teh Teik Boay v

Chuah Siak Loo [1962] 28 MLJ 80

37 17 Counsel for the plaintiffs rely on Mem Company Inc v Cussons

(International) Ltd [1974] RPC 7

42 Sgd:

43 LAI KEW CHAI J

44 Judge

Lai Kew Chai J

Toh Kok Seng and Mark Lim [Lee & Lee] for the plaintiffs
Alex Thian Phin Hock and Lee Kuan Choon [Yeo Wu & Thian] for the defendants