E AND B GIFTWARE INC. AND ANOTHER v. CHU SAU YEE ALAN AND ANOTHER

E AND B GIFTWARE INC. AND ANOTHER v. CHU SAU YEE ALAN AND ANOTHER

The cardboard prototype and plastic mock-ups are not 'artistic works' under s3(1) of the 1956 Act (not sculptures, engravings or works of artistic craftsmanship); the Plaintiffs own copyright in the technical and rendering drawings and the Defendants' product is a substantial reproduction of those drawings; the 1st Defendant copied and thus infringed the Plaintiffs' copyright and breached his contractual duty of non-disclosure; the 2nd Defendant is secondarily liable because the 1st Defendant's knowledge is attributable to it; UK design registration (Cap.44) does not protect the Defendants in Hong Kong due to prior publication of the Plaintiffs' design.

Citation
E AND B GIFTWARE INC. AND ANOTHER v. CHU SAU YEE ALAN AND ANOTHER
Parties
1st Plaintiff: E & B GIFTWARE INC.; 2nd Plaintiff: TRADEPOWER (HONG KONG) LIMITED; 1st Defendant: CHU SAU YEE ALAN; 2nd Defendant: WISE SOURCING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 May 1987
Case Number
HCA4598/1986
Procedural Posture
Copyright Infringement / Trial Judgment Delivered 15 May 1987
Outcome
Judgment for Plaintiffs: infringement of copyright in specified drawings and breach of contractual duty of confidence by 1st Defendant; 2nd Defendant secondarily liable; declaration under Cap.44 that exclusive design rights not acquired in Hong Kong.
Legal Topics
Artistic Work Definition, Copyright Infringement, Breach of Confidence, Design Registration, Causal Connection/copying
Source Language
EN
Intellectual Property Contract Law Design Law Artistic Work Definition Copyright Infringement Breach of Confidence Design Registration Causal Connection/copying

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Parties

E & B GIFTWARE INC.

1st Plaintiff

TRADEPOWER (HONG KONG) LIMITED

2nd Plaintiff

CHU SAU YEE ALAN

1st Defendant

WISE SOURCING COMPANY LIMITED

2nd Defendant

Procedural Posture

Copyright Infringement / Trial Judgment Delivered 15 May 1987

Legal Issues

  1. 1 Whether cardboard prototype and plastic mock-ups are "artistic works" under s3(1) of the Copyright Act 1956
  2. 2 Whether the Defendants infringed the Plaintiffs' copyright in technical and rendering drawings
  3. 3 Whether there was causal connection/copying by the 1st Defendant and knowledge by the 2nd Defendant

Ratio Decidendi

The cardboard prototype and plastic mock-ups are not 'artistic works' under s3(1) of the 1956 Act (not sculptures, engravings or works of artistic craftsmanship); the Plaintiffs own copyright in the technical and rendering drawings and the Defendants' product is a substantial reproduction of those drawings; the 1st Defendant copied and thus infringed the Plaintiffs' copyright and breached his contractual duty of non-disclosure; the 2nd Defendant is secondarily liable because the 1st Defendant's knowledge is attributable to it; UK design registration (Cap.44) does not protect the Defendants in Hong Kong due to prior publication of the Plaintiffs' design.

Court Disposition

Judgment for Plaintiffs: infringement of copyright in specified drawings and breach of contractual duty of confidence by 1st Defendant; 2nd Defendant secondarily liable; declaration under Cap.44 that exclusive design rights not acquired in Hong Kong.

Orders

  • Findings of infringement of Plaintiffs' copyright in specified drawings (Layout 1 P8; Layout 2 P9; Overall parts layout P7-1; Upper housing P7-3; Lower housing P7-5; Platform P7-6; Center section P7-7; Platform cover P7-8)
  • Declaration that exclusive privileges and rights under United Kingdom Designs (Protection) Ordinance, Cap.44 have not been acquired in Hong Kong due to prior publication