Landmark case.
6 years of battle that begins in the High Court until the Federal Court has finally come to an end today. I felt defeated 3 years ago when the Court of Appeal allowed my opponent's appeal with verbal reasoning which to me, is unacceptable. A little hope was seen 2 years ago when leave was granted in the Federal Court for me to appeal the decision of the Court of Appeal in the Federal Court. 7 questions were allowed and the hearing was done on 17.02.2022 with the decision to be reserved. Today, the Federal Court has delivered its decision and my appeal is upheld with costs. It will change the whole intellectual property law landscape in Malaysia. I am delighted.
Law.
Many were given the chance to study law and not many have become a lawyer. Many were given chance to be lawyers and yet not many were given a chance to submit their cases in the Federal Court. Some have the chance to submit their cases to the Federal Court but not many have the chance to contribute to establishing the laws in Malaysia. I am humbled by the opportunity and grace given by God, who is the author of my life. It is a success that will only happen when He allows it and it is within His will. With that, I concluded that I have done nothing to earn any of these. He has planned all these and He certainly has shown me unwavering love that I do not deserves regardless of how unworthy and insignificant I am. Thank you, Lord, for your mercy and grace.
Appreciation.
Special thanks to my dear friend Sara Anthony who did so much research together with me on this case and, again and again, assure me that my arguments are correct and I should press on for the appeal when I doubted myself and my understanding of the laws when the Court of Appeal has allowed my opponent’s appeal. I really thank her for journeying with me on this and helping with the written submission. I appreciate all her efforts. Law practice is not as lonely because of her.
I really thank my clients for trusting me too. Not many lawyers in Sabah have the knowledge of IP laws. When I first joined the firm, we were helping clients to recover their outstanding due to goods sold and delivered. When I first took over, I went over to their office and introduce myself. My client asked me if I know anything about trademark infringement. I explained in detail and I guess they have the confidence in me since then. I started to help them with securing their IP rights in Malaysia as early as 2008. I remember the high court judge in Tawau then was very impressed with my knowledge and understanding and we did talk about it during private sessions. His Lordship suggested my client do some adjustments on the packaging and I did suggest to my clients after that and that's one of the points that helped us through this case in Federal Court today. The trial judge (in the High Court) during clarification asked me about the laws and all before he delivered his decision. I remember telling him the differences, etc. and even my opponent (to be fair she was nearly called lawyer) is convinced. We did discuss about the laws and all after that too.
If you wonder if I studied and am good at IP laws, I can tell you, that I have not taken IP laws in my degree stage, nor my master's. I was avoiding this as it's not only boring, it is hard to understand. However, God has acted His best humorous way by putting me in handling this case. That only shows that it is not something I have earned with my own ability but it is something He has graciously given to me to experience His love, His providence and His guidance. I thank God for showing me how much He loves me and how much I am significant to Him and His will. Let me be part of it in glorifying His name.
So yes, I am delighted. Delighted that He has chosen me to accomplish this and delighted that He has not forgotten me but always has me in His heart and delighted that He has called me to do what I am doing (or what He trained me to do).
This case is going to have a huge impact in Malaysia market. I am grateful that the panel of 3 judges also agreed to give my client RM100,000.00 costs, which I believe the same amount has never been given before. My client is delighted too. I am so glad that these judges have agreed with me and my submission on laws. To be able to convince all 3 Federal Court judges is amazing. I remember how stressful I was on the hearing day on 17.02.2022. God has brought me through and I am glad it went well at the end.
I am so glad that God has favour in me and gave me this assurance today that He has never forgotten about me and my existence. I am glad that God has blessed me and given me this opportunity, even though it has taken 14 years. Thank you, Lord. Glory to you as again, you have established the fact that you are God and you are sovereign. Heaven and earth and all that's in it are within your control.
- Landmark Case -
