KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION) AND ANOTHER v. INFO POWER LTD

KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION) AND ANOTHER v. INFO POWER LTD

Leave to appeal was refused because the proposed grounds recapitulated the plaintiffs' claim that images alone proved infringement without addressing context or meaning of accompanying text; the court found these grounds had no reasonable prospect of success and refused leave with costs.

Citation
KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION) AND ANOTHER v. INFO POWER LTD
Parties
1st Plaintiff: KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION); 2nd Plaintiff: KONAMI DIGITAL ENTERTAINMENT LIMITED; Defendant: INFO POWER LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 November 2006
Case Number
DCCJ2753/2006
Procedural Posture
Civil Copyright Infringement / Injunction / Application for Leave to Appeal Following Dismissal of Summary Judgment Application (o.14)
Outcome
Leave to appeal refused with costs.
Legal Topics
Summary Judgment, Leave to Appeal, Copyright Infringement, Fair Dealing / Critique
Source Language
EN
Copyright Civil Procedure Injunction Appeals Summary Judgment Leave to Appeal Copyright Infringement Fair Dealing / Critique

Case Brief

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Parties

KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION)

1st Plaintiff

KONAMI DIGITAL ENTERTAINMENT LIMITED

2nd Plaintiff

INFO POWER LIMITED

Defendant

Procedural Posture

Civil Copyright Infringement / Injunction / Application for Leave to Appeal Following Dismissal of Summary Judgment Application (o.14)

Legal Issues

  1. 1 Whether the mere appearance of images in a publication establishes copyright infringement
  2. 2 Whether the defendant's publication amounted to a review/critique (fair dealing) rather than infringement
  3. 3 Whether the proposed grounds of appeal have a reasonable prospect of success such that leave should be granted

Ratio Decidendi

Leave to appeal was refused because the proposed grounds recapitulated the plaintiffs' claim that images alone proved infringement without addressing context or meaning of accompanying text; the court found these grounds had no reasonable prospect of success and refused leave with costs.

Court Disposition

Leave to appeal refused with costs.

Orders

  • Leave to appeal refused
  • Costs awarded against the plaintiffs