HONG KONG STATIONERY MANUFACTURING CO. LTD. v. WORLD WIDE STATIONERY MANUFACTURING CO. LTD. AND OTHERS

HONG KONG STATIONERY MANUFACTURING CO. LTD. v. WORLD WIDE STATIONERY MANUFACTURING CO. LTD. AND OTHERS

The Court allowed the appeal, set aside the summary judgment and granted leave to defend because the defendant's affidavits and late affirmation raised issues regarding independent creation and subconscious copying that a reasonable judge could find fit for trial; summary disposition was inappropriate absent clear evidence that the affidavits were false.

Citation
HONG KONG STATIONERY MANUFACTURING CO. LTD. v. WORLD WIDE STATIONERY MANUFACTURING CO. LTD. AND OTHERS
Parties
Plaintiff/respondent: HONG KONG STATIONERY MANUFACTURING CO. LTD.; 1st Defendant/appellant: WORLD WIDE STATIONERY MANUFACTURING CO. LTD.; 2nd Defendant/appellant: CHENG HUNG YU; 3rd Defendant/appellant: HING TAT METAL WORKS
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 May 1992
Case Number
CACV174/1991
Procedural Posture
Civil Appeal (copyright/injunction) / Appeal From Summary Judgment and Order Under Order 14
Outcome
Appeal allowed; judgment below set aside; leave to defend granted generally.
Legal Topics
Summary Judgment, Originality, Independent Creation, Subconscious Copying, Anton Pillar Order, Leave to Defend, Affidavit Credibility
Source Language
EN
Copyright Contract Confidential Information Civil Procedure Costs Injunctions Summary Judgment Originality +5 more

Case Brief

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Parties

HONG KONG STATIONERY MANUFACTURING CO. LTD.

Plaintiff/respondent

WORLD WIDE STATIONERY MANUFACTURING CO. LTD.

1st Defendant/appellant

CHENG HUNG YU

2nd Defendant/appellant

HING TAT METAL WORKS

3rd Defendant/appellant

Procedural Posture

Civil Appeal (copyright/injunction) / Appeal From Summary Judgment and Order Under Order 14

Legal Issues

  1. 1 Whether the plaintiff owned copyright in the drawings and was entitled to declaratory relief and injunction
  2. 2 Whether the plaintiff's drawings were sufficiently original to attract copyright
  3. 3 Whether the defendants' drawings were independently created or copied (including subconscious copying)

Ratio Decidendi

The Court allowed the appeal, set aside the summary judgment and granted leave to defend because the defendant's affidavits and late affirmation raised issues regarding independent creation and subconscious copying that a reasonable judge could find fit for trial; summary disposition was inappropriate absent clear evidence that the affidavits were false.

Court Disposition

Appeal allowed; judgment below set aside; leave to defend granted generally.

Orders

  • Set aside the judgment of Mayo, J. and the declaration and injunction granted below.
  • Leave to defend generally in the action is granted to the defendants.