NSTP menang isu program "NST Spell-It-Right "

R2D2

HIGH COURT DECISION SET ASIDE: Court of Appeal rules that contest's concept was not copied from that of another company

PUTRAJAYA : THE Court of Appeal has set aside a High Court decision, which ruled that The New Straits Times Press (M) Berhad (NSTP) copied an idea from an educational company's concept paper over the "NST Spell-It-Right" spelling competition, which was aired over Sistem Televisyen Malaysia Berhad (TV3) four years ago.

A three-man bench, led by Datuk Hishamudin Mohd Yunus, ruled that the newspaper did not copy the programme from Admal Sdn Bhd.

"Therefore, we set aside the High Court ruling," he said yesterday in allowing the newspaper publisher's appeal.

NSTP, represented by Liew Teck Huat, was also awarded RM40,000 in costs.

Earlier, Liew submitted that the information was already in public domain and the programme was supposed to be a collaborative effort between NSTP and Admal.

"Therefore, even if the concept paper was prepared by Admal, it was not their sole effort," he said, adding that the respondent could not claim copyright to the programme.

Liew said that even if there was copyright, NSTP did not copy the concept paper and there was no breach of confidence.

On May 3 last year, Admal filed a suit against NSTP and TV3 for infringement of copyright in the "NST Spell-It-Right" competition concept and for breach of confidence, seeking more than RM10 million in damages.

Judicial Commissioner Datuk Hanipah Farikullah held that by transmitting the competition in 2008 without the authorisation of the Admal, TV3 had infringed and also breached the confidential information disclosed to them.

In her judgment on July 20, Hanipah said although there were some variations in the "RHB New Straits Times National Spell-It-Right" competition concept aired on TV3, she said in totality there was copyright infringement.

Admal contended that it was the copyright owners of the "NST Spell-It-Right" spelling competition, and that the defendants, without authorisation, launched the competition.

dasatgiler

misti awal2 lagi both parties dah sign NDA (non disclosure agreement) non competition clause.. nih sesaja nak push their luck jer sue NSTP ngan TV3 RM10 mil.. DSM ada di mana2..