Insulate Sdn Bhd carried on a business in manufacturing insulated products such as tumblers, food jars etc. Avi was employed by Insulate Sdn Bhd as its design director. With the company's resources and equipment, Avi succeeded in producing a new stainless steel food jar which can keep food warm up to 5 hours and after the said 5 hours the jar will automatically reheat. Thus the food jar which works on batteries could constantly keep food warm. Consider the following situations arising independently of each other:

(a) Assuming Insulate Sdn Bhd decided to manufacture the said food jars. Before the products were finally marketed, Avi left Insulate Sdn Bhd and set up his own company producing food jars based on the said idea. Advises Insulate Sdn Bhd whether it may institute any legal action against Avi in light of the fact that the employment contract between Avi and Insulate Sdn Bhd contained no provision as against to the duty of confidence on Avi.

(b) Assume Avi submitted his idea of the said food jars but Insulate Sdn Bhd did not manufacture the products as it was considered too costly and may not receive good response from the consumers. This was communicated to Avi. Avi tehn left Insulate Sdn Bhd and set up his own company. However, before Avi could produce the said food jars, Insulate Sdn Bhd started to manufacture the said jars. Advise Avi as to whether he has any remedies against Insulate Sdn Bhd.

This question is on breach of confidence (Malaysia), Intellectual property. Please provide me with the issues, law, applications and conclusion. Thank You.