SIEMENS INDUSTRY SOFTWARE INC v. KB ENGINEERING COATINGS SDN BHD

[2025] 2 MLRA 657
Court of Appeal, Putrajaya
Azizah Nawawi, See Mee Chun, Mohamed Zaini Mazlan JJCA
[Civil Appeal No: W-02(IM)(IPCv)-624-04/2022]
Azizah Nawawi, See Mee Chun, Mohamed Zaini Mazlan JJCA

JUDGMENT

Azizah Nawawi JCA:

Introduction

[1] This is an appeal against the decision of the learned High Court Judge in dismissing the appellant/plaintiff's application for summary judgment against the respondent/defendant.

[2] The plaintiff's cause of action against the defendant is for copyright infringement of its computer program known as NX12 and its license file (the "Software").

[3] We have allowed the plaintiff's application for summary judgment and these are the grounds for our decision.

The Salient Facts

[4] The Software was registered in the name of Siemens Product Lifecycle Management Software Inc in the Copyright Office of the United States of America on 7 November 2017 (see Exh "NYY-11" for the Certificate of Registration).

[5] Siemens Product Lifecycle Management Software Inc changed its name to SIEMENS INDUSTRY SOFTWARE INC, (the plaintiff) on 27 September 2019 via a Name Change Certificate issued by the Secretary of State of the State of Delaware (see Exh "NYY-1" for the Name Change Certificate).

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