UNIVERSITY TUTORIAL PRESS LTD AND ANOTHER v. WINDFLOWER PRESS (A FIRM) AND OTHERS

UNIVERSITY TUTORIAL PRESS LTD AND ANOTHER v. WINDFLOWER PRESS (A FIRM) AND OTHERS

Because the defendants did not put in issue subsistence or ownership, Section 20 presumption applied that the 1st plaintiff owned a Section 2 literary copyright and the 2nd plaintiff was a licensee; the defendants reproduced substantial parts of the plaintiffs' questions and therefore infringed that copyright; accordingly an interlocutory injunction was justified, plaintiffs must give the usual undertaking as to damages, and plaintiffs awarded costs.

Citation
UNIVERSITY TUTORIAL PRESS LTD AND ANOTHER v. WINDFLOWER PRESS (A FIRM) AND OTHERS
Parties
1st Plaintiff: University Tutorial Press Ltd; 2nd Plaintiff: Youth Bookroom (a firm); 1st Defendant: Windflower Press (a firm); 2nd Defendant: LEE Ming Din; 3rd Defendant: CHEUNG Siu Kau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 February 1980
Case Number
HCA5586/1979
Procedural Posture
Copyright Infringement / Interlocutory Injunction Application (before Judgment)
Outcome
Interlocutory injunction granted in terms of the application; plaintiffs awarded costs; plaintiffs to give undertaking as to damages.
Legal Topics
Interim Injunction, Ownership Presumption Under Statute, Copyright in Literary Works, Remedies for Infringement
Source Language
EN
Copyright Intellectual Property Civil Procedure Interim Injunction Ownership Presumption Under Statute Copyright in Literary Works Remedies for Infringement

Case Brief

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Parties

University Tutorial Press Ltd

1st Plaintiff

Youth Bookroom (a firm)

2nd Plaintiff

Windflower Press (a firm)

1st Defendant

LEE Ming Din

2nd Defendant

CHEUNG Siu Kau

3rd Defendant

Procedural Posture

Copyright Infringement / Interlocutory Injunction Application (before Judgment)

Legal Issues

  1. 1 Whether a Section 2 literary copyright subsists in the questions in the plaintiffs' book and whether the 1st plaintiff is owner
  2. 2 Whether the defendants' reproduction (Question Book and Answer Book) infringes the plaintiffs' copyright
  3. 3 Whether the plaintiffs are entitled to interlocutory relief (injunction)

Ratio Decidendi

Because the defendants did not put in issue subsistence or ownership, Section 20 presumption applied that the 1st plaintiff owned a Section 2 literary copyright and the 2nd plaintiff was a licensee; the defendants reproduced substantial parts of the plaintiffs' questions and therefore infringed that copyright; accordingly an interlocutory injunction was justified, plaintiffs must give the usual undertaking as to damages, and plaintiffs awarded costs.

Court Disposition

Interlocutory injunction granted in terms of the application; plaintiffs awarded costs; plaintiffs to give undertaking as to damages.

Orders

  • Defendants are restrained until judgment or further order from selling, exposing, offering for sale or distributing for purposes of trade any copies of the plaintiffs' literary work "Advanced Level Pure Mathematics" or any part thereof
  • Defendants to deliver up forthwith upon service of the order upon them to the bailiff of the Court all copies of work the use or sale of which by the defendants would infringe the injunction