KUALA LUMPUR (Oct 3): The High Court here ruled that it did not have the power to set aside a decision made by the World Intellectual Property Organization (WIPO) in a dispute involving TC Pharmaceutical Industries Co Ltd (TCP) and its joint-venture (JV) company in China, Red Bull Vitamin Drink Co Ltd, over the use of the “Red Bull” domain name in the republic.

Red Bull Vitamin Drink had taken a civil suit against TCP in the Malaysian courts to dispute a decision by WIPO in 2021, which ordered that the “Red Bull” domain name used by Red Bull Vitamin Drink be returned to TCP, a registered company in Thailand.

In his decision on Sept 26, 2023, Judicial Commissioner Azlan Sulaiman said that the court did not have the jurisdiction to make a ruling on the WIPO decision, and even if it did, the court should not grant the relief sought by Red Bull Vitamin Drink.

He said the Courts of Judicature Act (CJA) expressly provides for specific instances where the Malaysian High Courts have civil jurisdiction.

“I find that none of those provisions of the CJA relating to the original jurisdiction of the High Court, or to the appellate jurisdiction of the High Court, or to the revision jurisdiction of the High Court, apply here so as to confer on this court the jurisdiction to hear and determine any action to challenge a decision of an administrative panel,” he said, adding that the CJA doesn’t involve or cover setting aside a WIPO order.

The judicial commissioner then surmised that even if the court did have the jurisdiction to hear and adjudicate Red Bull Vitamin Drink’s challenge against WIPO’s decision, it should not grant the setting aside of the decision.

He also said that TCP’s act of bringing the action to protect its legal rights is not interfering with trade as alleged by Red Bull Vitamin Drink.

“I find that TCP’s filing of the complaint with WIPO against Red Bull Vitamin Drink’s use and registration of the domain name (which belongs to TCP) with WIPO was an action to protect its rights, and to use all remedies afforded to TCP by law,” he said.

Azlan also found that based on a counterclaim by TCP, the action filed by Red Bull Vitamin Drink was an abuse of the court process.

Red Bull Vitamin Drink’s action was dismissed with costs. The judicial commissioner ordered Red Bull Vitamin Drink to make a declaration that in filing the application, it had committed an abuse of the court process.

Red Bull Vitamin Drink was ordered to pay general damages of RM200,000 for the abuse.

It was further ordered to pay exemplary damages of RM300,000 to TCP for abuse of the court process, and slapped with another order that it pay costs of RM100,000 to TCP subject to the allocator.