CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER

CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER

The application for leave to appeal was dismissed because the judge correctly applied the liberal meaning of 'criticism or review', concluded Pioneer had an arguable fair dealing defence requiring trial on disputed facts, and Capcom had no realistic prospect of success on the grounds advanced.

Citation
CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER
Parties
1st Plaintiff: CAPCOM COMPANY LIMITED; 2nd Plaintiff: CAPCOM ASIA COMPANY LIMITED; 1st Defendant: PIONEER TECHNOLOGIES LIMITED; 2nd Defendant: CHAN LIK HANG, KELVIN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 April 2008
Case Number
DCCJ2655/2007
Procedural Posture
Civil Copyright Infringement / Application for Leave to Appeal Against Summary Judgment Decision
Outcome
Application for leave to appeal dismissed
Legal Topics
Fair Dealing, Criticism or Review, Summary Judgment, Leave to Appeal, Order 14 Applications
Source Language
EN
Copyright Law Civil Procedure Intellectual Property Fair Dealing Criticism or Review Summary Judgment Leave to Appeal Order 14 Applications

Case Brief

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Parties

CAPCOM COMPANY LIMITED

1st Plaintiff

CAPCOM ASIA COMPANY LIMITED

2nd Plaintiff

PIONEER TECHNOLOGIES LIMITED

1st Defendant

CHAN LIK HANG, KELVIN

2nd Defendant

Procedural Posture

Civil Copyright Infringement / Application for Leave to Appeal Against Summary Judgment Decision

Legal Issues

  1. 1 Proper interpretation of 'criticism or review' in s.39(1) of the Copyright Ordinance
  2. 2 Whether Pioneer's use of Capcom's copyrighted game frames amounts to fair dealing for the purpose of criticism or review
  3. 3 Whether the judge erred in applying Order 14 (summary judgment) principles and in granting leave to defend

Ratio Decidendi

The application for leave to appeal was dismissed because the judge correctly applied the liberal meaning of 'criticism or review', concluded Pioneer had an arguable fair dealing defence requiring trial on disputed facts, and Capcom had no realistic prospect of success on the grounds advanced.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal refused
  • Costs awarded to the Defendants