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Asli Sdn Bhd (Asli), a large company with diversified business interests, is facing several intellectual property issues. It has just obtained a patent for an
Asli Sdn Bhd (Asli), a large company with diversified business interests, is facing several intellectual property issues. It has just obtained a patent for an improved mouse. Asli's mouse contains an additional feature added to the existing mouse. This feature enables the mouse to operate without a roller ball. Poziah holds the patent for the existing mouse. When Asli starts manufacturing its improved mouse, Poziah threatens to sue Asli for patent infringement. Asli is very worried because if it is prevented from commercialising the improved mouse, it will stand to lose millions of ringgit in potential profits. At the same time, Asli's researchers have discovered that Krypto, a known soluble substance which has been used in the manufacture of glass to give it a higher tensile strength, can be used for the relief of stomach ulcer. They have also discovered that Jrypto, a known substance which had previously been used to reduce high blood pressure, can also be used to treat patients suffering from varicose veins. Asli is unsure whether these inventions can be patented, and if so, how the various claims should be drafted. Asli also intends to start a business in the manufacture and sale of slimming pills. Two weeks ago, it launched a massive television campaign to make its product known. Although Asli's slimming pills are not available in shops yet, it has been distributing sample pills in supermarkets and pharmacies bearing the unregistered trade mark "Morsion". It appears that supermarkets and pharmacies given these samples have been inundated with requests for the "Morsion" slimming pills, which will not be available until next month. Asli informs you that one Kadim, a rival retailer of slimming products, has put up advertisements in front of his (Kadim's) shop advertising his (Kadim's) slimming pills "as shown on television". Asli wishes to know whether it could successfully sue Kadim to prevent him from continuing with such advertisements under the law of passing off. Advise Asli on the various steps it should take to protect its rights
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