L & T (ASIA PACIFIC) LTD AND ANOTHER v. WONG HONG LAI AND ANOTHER

L & T (ASIA PACIFIC) LTD AND ANOTHER v. WONG HONG LAI AND ANOTHER

The court accepted plaintiffs' evidence and expert opinion, held the three drawings are protected artistic works and that the 2nd plaintiff, as Rossi's employer, is the first owner. The defendants infringed the 2nd plaintiff's copyright by reproducing the drawings and manufacturing substantially identical drums. Relief granted includes delivery up and destruction of infringing drawings and drums, injunctive relief, compulsory disclosure by defendants, assessment of damages and costs, with consideration of additional damages under section 108 left to the Master after disclosure.

Citation
L & T (ASIA PACIFIC) LTD AND ANOTHER v. WONG HONG LAI AND ANOTHER
Parties
1st Plaintiff: L & T (ASIA PACIFIC) LIMITED; 2nd Plaintiff: L & T S. p. A.; 1st Defendant: WONG HONG LAI trading as CHONG YIP CONCRETE MIXER ENGINEERING (a firm); 2nd Defendant: CHONG YIP IRON ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2005
Case Number
HCA4204/2002
Procedural Posture
Copyright Infringement / Judgment
Outcome
Judgment for the plaintiffs; defendants found to have infringed 2nd plaintiff's copyright
Legal Topics
Copyright Ownership, Artistic Works, Infringement by Reproduction and Manufacture, Delivery Up and Destruction, Injunctions, Disclosure and Assessment of Damages
Source Language
EN
Intellectual Property Copyright Civil Remedies Copyright Ownership Artistic Works Infringement by Reproduction and Manufacture Delivery Up and Destruction Injunctions +1 more

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Parties

L & T (ASIA PACIFIC) LIMITED

1st Plaintiff

L & T S. p. A.

2nd Plaintiff

WONG HONG LAI trading as CHONG YIP CONCRETE MIXER ENGINEERING (a firm)

1st Defendant

CHONG YIP IRON ENGINEERING COMPANY LIMITED

2nd Defendant

Procedural Posture

Copyright Infringement / Judgment

Legal Issues

  1. 1 Whether the drawings are protected artistic works under the Copyright Ordinance
  2. 2 Whether the 2nd plaintiff is the owner of the copyright in the drawings created by Rossi
  3. 3 Whether the defendants infringed the plaintiffs' copyright by making and supplying drums and copies of drawings

Ratio Decidendi

The court accepted plaintiffs' evidence and expert opinion, held the three drawings are protected artistic works and that the 2nd plaintiff, as Rossi's employer, is the first owner. The defendants infringed the 2nd plaintiff's copyright by reproducing the drawings and manufacturing substantially identical drums. Relief granted includes delivery up and destruction of infringing drawings and drums, injunctive relief, compulsory disclosure by defendants, assessment of damages and costs, with consideration of additional damages under section 108 left to the Master after disclosure.

Court Disposition

Judgment for the plaintiffs; defendants found to have infringed 2nd plaintiff's copyright

Orders

  • 1. The 1st and 2nd defendants do deliver up to the plaintiffs' solicitors all infringing drawings in their possession, custody or power whether within or outside Hong Kong.
  • 2. The 1st and 2nd defendants do deliver up to the plaintiffs' solicitors for destruction all infringing drums in their possession, custody or power whether within or outside Hong Kong.