Local Businessman Saves His Brand From Taken Off The Market
By Rol Ezam, Achong Tanjong & Ignatius Stephen

Bandar Seri Begawan - Andy Lau Sie Chuong, a 45-year-old Brunei businessman, is savouring the sweet taste of success as he crushed a bid yesterday to get his local brand of juicers and blender machines off the market.

Challenging him in the Brunei High Court was the giant Holland-based Philips International which alleged that Mr Lau's Brunei branded AIFA was infringing on Philips copyright and designs.

The High Court action before Judge Dato Steven Chong was between Koninklijke Philips and Mr Lau's AIFA Sdn Bhd.

Mr Francis Chew and Mr Tan Tee Jim SC for AIFA successfully argued that the action relating to the designs of a juicer extractor and two blenders similar to AIFA's machines were not infringements.

Philips stated that their designs were registered both in the UK and in Brunei.

Mr Lau retorted denying infringements and that his designs were registered in China by Qi Wei Electronic Co Ltd.

Philips started suing Lau, however, on June 9 last year. AIFA submitted before the court that Philips' action did not disclose a reasonable cause of action and the allegations were "scandalous, frivolous and vexatious".

There was no protection at all in Brunei for Philips designs and the reliance on the Brunei registrations and the Design Order was flawed.

The subject designs were also inherently not registerable as the articles bearing the designs were not made and sold separately.

There was also no copyright protection as the designs were not first published in "Her Majesty's domains" or in Brunei.

Nor were the authors of the designs British subjects or residents within the dominions of Brunei at the time of the making of the designs.

There was also no duel or overlapping copyright and designs protection for the designs in Brunei.

The Brunei High Court threw out the action against AIFA at the end of the hearing.

D F Abang Zen appeared for Philips. -- Courtesy of Borneo Bulletin

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