Similar Registered Designs Foil Application for Interlocutory Injunction

A recently reported Malaysian case has illustrated the difficulties in accessing the merits of granting an interlocutory injunction based on infringement of a registered design, where similar registered designs are at issue.

An interlocutory injunction is commonly applied in order to prevent a defendant from selling potentially infringing products pending the determination of the merits of the case at trial. The plaintiff only needs to show triable issues in respect of his cause of action and that the balance of convenience is in favour of the granting of the interlocutory injunction.

It is not impossible for two similar designs to be registered at the Registry. Such an anomaly may arise due to the fact that pending design applications are subjected only to formalities examination. The matter is further compounded by the fact that there is no opposition period given for interested parties to object to the granting of registration. The only recourse for interested parties is to