28 Sept 1998
ORIENTAL PRESS GROUP LTD v. APPLE DAILY LTD
- Citation
- ORIENTAL PRESS GROUP LTD v. APPLE DAILY LTD
- Court
- Court of Final Appeal
- Case number
- FACV6/1998
The Court held the willing licensor/willing licensee measure was the appropriate primary basis for assessing the infringement damages in this case; Rogers J.'s figure was inordinately low given the commercial value of the 'scoop' and the parties' bargaining positions, so appellate interference was justified. The Court substituted HK$30,000 for infringement damages, left conversion damages at HK$3,000 and the nominal HK$1 for layout, and awarded costs to the plaintiffs with specified apportionment.