JUDGMENT

Zabariah Mohd Yusof FCJ:

[1] The appellants/plaintiffs appealed against the decision of the Court of Appeal which allowed the respondent's/defendant's appeal with costs of RM40,000.00 and set aside the High Court judgment which decided in favor of the appellants/plaintiffs.

[2] The appellants/plaintiffs obtained leave to appeal to this Court on the following 7 questions of law:

(a) Will a brand proprietor/owner's trade mark rights be exhausted worldwide even though the goods/merchandise in relation to which the trade mark is used have been put on market by the brand proprietor/owner to be sold in a specific country/region/ geographical area only for eg when it is clearly stated the goods/ merchandise are "to be sold in China only"?

(b) Whether the sale of parallel imports in Malaysia can be prohibited if the goods/merchandise purchased and intended to be resold are materially different from the goods/merchandise that the trade mark proprietor/owner has authorised to be put on market in Malaysia?