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Hong Kong Case Law

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Intellectual property PRINT RITE (A&J) LTD v. WOBBLEWORKS, INC.

PRINT RITE (A&J) LTD v. WOBBLEWORKS, INC.

The court granted a negative declaration under s55 of the Registered Designs Ordinance, holding that the CoLiDo 3D Pen would not infringe the defendant’s registered designs.

  • Negative declaration under s55 rdo
  • Design infringement test 'not substantially different'
  • Prior art assessment
  • Scope of design protection (dashed lines)
  • Doctrine of imperfect recollection
  • Negative-declaration
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Intellectual property BURBERRY ASIA LTD v. POLO SANTA ROBERTA LTD

BURBERRY ASIA LTD v. POLO SANTA ROBERTA LTD

The Court of Appeal dismissed Burberry Asia Limited’s appeal and upheld revocation of three registered check designs, awarding costs to the respondent.

  • Revocation
  • Prior publication
  • Confusing similarity
  • Registration invalidation
  • Costs
  • Registered-designs
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Intellectual property AVENT LTD AND ANOTHER v. PROMINENT WING LTD AND OTHERS

AVENT LTD AND ANOTHER v. PROMINENT WING LTD AND OTHERS

法院就版权及专利侵权争议判原告胜诉,向第1、第3和第4被告作出永久禁制令、交出侵权物、披露及损害赔偿/利润账目审讯命令。

  • Injunction
  • Delivery up
  • Discovery
  • Inquiry as to damages
  • Account of profits
  • Summary judgment
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Intellectual property RE STAR INDUSTRIAL CO LTD

RE STAR INDUSTRIAL CO LTD

The Court of First Instance granted Star Industrial’s motion to revoke two registered designs, holding the designs lacked novelty because the products had been put on sale before filing.

  • Revocation of registered design
  • Novelty
  • Publication prior to registration
  • Adjournment applications
  • Registered-design
  • Revocation
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Intellectual property BANG & OLUFSEN A/S v. TO HOK CHUNG t/a MIRAGE ELECTRONICS INDUSTRIAL CO

BANG & OLUFSEN A/S v. TO HOK CHUNG t/a MIRAGE ELECTRONICS INDUSTRIAL CO

Court of Appeal held the registered design was valid and that the evidence showed the goods were imported into Hong Kong, so judgment went for the plaintiff.

  • Validity of design registration (article definition)
  • Infringement of registered design
  • Meaning of importation
  • Timing for assessing registrability
  • Registered-design-infringement
  • Importation
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Sale of goods HIROMORI INTERNATIONAL LTD v. GOLD OCEAN ENTERPRISES LTD

HIROMORI INTERNATIONAL LTD v. GOLD OCEAN ENTERPRISES LTD

The court extended time for the appeal, but upheld Order 14 judgment against the defendant, finding no arguable defence to a registered design infringement claim.

  • Implied warranties
  • Design infringement
  • Order 14 summary judgment
  • Leave to appeal out of time
  • Third party defence
  • Quiet possession
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Intellectual property MONTRES ROLEX S.A. AND ANOTHER v. TSOI CHI LI

MONTRES ROLEX S.A. AND ANOTHER v. TSOI CHI LI

The court found Tsoi Chi Li guilty of 11 contempt breaches of two injunctions protecting Rolex marks and designs, and sentenced him to three months' imprisonment.

  • Passing off
  • Trade mark infringement
  • Registered design infringement
  • Contempt of court
  • Alter ego/veil piercing
  • Sentencing
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Copyright KONSTAR INDUSTRIES LTD. AND ANOTHER v. CENTRAL WORLD INDUSTRIES LTD. AND OTHERS

KONSTAR INDUSTRIES LTD. AND ANOTHER v. CENTRAL WORLD INDUSTRIES LTD. AND OTHERS

Summary judgment application in an intellectual property dispute over copyright and a registered design. Partial judgment was entered on the design claim; leave to defend was granted on the copyright claim and personal liability issues.

  • Secondary infringement
  • Registered design validity
  • Summary judgment
  • Knowledge/reason to believe
  • Damages and account of profits
  • Director/joint tortfeasor liability
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Intellectual property SEIKO INSTRUMENTS INC AND ANOTHER v. PYXIS ENTERPRISES (HK) LTD

SEIKO INSTRUMENTS INC AND ANOTHER v. PYXIS ENTERPRISES (HK) LTD

The High Court refused to discharge an ex parte injunction and Anton Piller order in a watch design and copyright dispute, finding no material non-disclosure and a strong arguable case.

  • Design registration validity
  • Non-disclosure in ex parte applications
  • Delay and laches
  • Irreparable harm
  • Balance of convenience
  • Execution of anton pillar order
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Intellectual property SWATCH AG also known as SWATCH SA v. CAPTOON INDUSTRIES LTD.

SWATCH AG also known as SWATCH SA v. CAPTOON INDUSTRIES LTD.

The Court of Appeal allowed Swatch AG’s appeal and granted interlocutory injunctive relief, finding a real prospect of success on copyright claims in the watch drawings.

  • Interlocutory injunction
  • Originality
  • Infringement (objective similarity/virtual identity)
  • Balance of convenience
  • Assignment of copyright
  • Evidentiary inference of authorship
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About this LexChat collection

Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.