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Assessment of damages for copyright infringement over a pirated livestream: general damages were set at HK$1.75 million, additional damages were refused, and costs were awarded with a reduction for exaggeration.
Court assessed damages for Nintendo’s copyright-circumvention claim, accepted conservative profit-based estimates, awarded US$8,430,242, and granted release from the plaintiff’s undertaking.
The application for leave to appeal was dismissed because the claimant's asserted grounds were either outside the Small Claims Tribunal's jurisdiction (copyright claims; claims arising from the employment contract which fall within the Labour Tribunal's exclusive jurisdiction) or were factual credibility and evidential issues properly decided by the adjudicator for which leave to appeal will not be granted; the claimant failed to show a question of law or a jurisdictional error sufficient to obtain leave.
Source excerpt
The court ordered HK$200,000 security for costs and dismissed the plaintiff’s striking-out application in an intellectual property dispute.
The Court of Appeal refused a stay of execution pending appeal, holding that ARTS had not shown strong appeal grounds or a real risk that the appeal would be rendered nugatory.
上訴人不獲接納。法院維持原裁判官就撤回剔除申請的訟費命令，認為1st Defendant本可先索取更詳盡資料而非直接申請剔除。
The Court of First Instance granted interlocutory injunctive relief in a comic-book IP dispute, finding the plaintiffs had a strong case and the defendants lacked an arguable defence.
The court stayed taxation of the plaintiffs’ costs bill until the enquiry as to damages in HCA 838/2011 is concluded, reading O 62 r 9D as requiring conclusion of the whole action.
The Court of First Instance sentenced two defendants for deliberate contempt by non-disclosure in an IP matter, and fined the corporate defendant HK$250,000.
The Court of Appeal refused leave to appeal against an order releasing money paid into court, holding the application was not an interim payment and raised no reasonably arguable jurisdictional point.
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