Hong Kong Case Law: Decisions & Judgments

Topic

Legal area

Court

28 Aug 2012

MAGPUL (ASIA) LTD v. LEUNG SIU FONG t/a NSN. CUSTOMS AIR GUN CO AND OTHERS

Citation

MAGPUL (ASIA) LTD v. LEUNG SIU FONG t/a NSN. CUSTOMS AIR GUN CO AND OTHERS
Court

Court of First Instance
Case number

HCA845/2010

Affirmed statutory presumption under s121; accepted plaintiff's documentary and witness evidence over defendant's denials; found the products to be substantial reproductions of the copyrighted drawings and that the 3rd Defendant sold those infringing copies; therefore defendant liable for copyright infringement and entitled plaintiff to injunctive and ancillary relief including delivery up and enquiry into damages/account of profits.
30 Nov 2010

OPG HUMAN RESOURCES LTD v, APPLE DAILY LTD AND ANOTHER

Citation

OPG HUMAN RESOURCES LTD v, APPLE DAILY LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA481/2009

The court held that it was not plain and obvious that the plaintiff's articles could not be protected as compilations or that no arguable case of infringement existed, so the strike out against the 2nd–4th defendants was refused (though the pleading on compilation was deficient and remediable); however the plaintiff had no positive case linking the 1st defendant to the alleged online publications, so the claim against the 1st defendant was struck out and dismissed. The consolidation relief was denied but the court ordered both actions to be tried by the same judge and reserved sequencing to t…
30 Nov 2010

APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS

Citation

APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1396/2009

Compilation copyright can in principle subsist in news articles where the article embodies skill, judgment and labour in selection, arrangement and expression; on the pleadings some of the plaintiff's articles are arguable compilations so the striking out against defendants except the 1st defendant was not warranted; the Statement of Claim inadequately pleaded compilation but defects were curable; there was no positive case against the 1st defendant linking it to the online publication so the claim against it was struck out; consolidation was inappropriate but the two actions should be tried…
27 Oct 2009

MAGPUL (ASIA) LTD v. LEE YOW SING t/a 兵工廠

Citation

MAGPUL (ASIA) LTD v. LEE YOW SING t/a 兵工廠
Court

Court of First Instance
Case number

HCA2139/2008

The evidence (original computer drawings, comparison of finished products and investigator purchases with receipts) established subsistence and ownership of copyright and that the defendant sold virtually identical infringing copies; the defendant failed to raise any triable issue, therefore summary judgment was granted as sought, with a minor amendment to paragraphs 4 and 5 of the summons.
14 May 2003

FOSSIL, INC. v. TRIMSET LTD AND ANOTHER

Citation

FOSSIL, INC. v. TRIMSET LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2337/2000

The court found the Bruneau sketch and subsequent drawings to be original and owned by the plaintiff (employee authorship and written assignment where applicable); the defendant's finished watch was substantially similar and an infringing copy because the manufacturer had access to Big Tic and the defendant sold the product after purchasing it from that manufacturer (found on the balance of probabilities to be the 2nd defendant); accordingly primary infringement established; alternatively secondary infringement established from January 2000 when plaintiff's solicitors put the defendant on not…
26 Mar 1987

INTERLEGO AG v. TYCO INDUSTRIES INC. AND OTHERS

Citation

INTERLEGO AG v. TYCO INDUSTRIES INC. AND OTHERS
Court

Court of Appeal
Case number

CACV43/1986

Appeal allowed in part. Court held pre-1973 Lego drawings were designs within s.1(3) Registered Designs Act and, on proper construction of para.8(2), such pre-1973 designs are excluded from copyright (no copyright subsisted in those pre-1973 drawings). There was insufficient evidence to establish copyright in the moulds as engravings. Post-1972 drawings were original and, on the evidence, Tyco substantially reproduced (infringed) most of those drawings; s.9(8) and s.10 defences failed on the facts; estoppel/election/expired-patent arguments did not bar relief; additional damages under s.17(3)…

Hong Kong Case Law

MAGPUL (ASIA) LTD v. LEUNG SIU FONG t/a NSN. CUSTOMS AIR GUN CO AND OTHERS

OPG HUMAN RESOURCES LTD v, APPLE DAILY LTD AND ANOTHER

APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS

MAGPUL (ASIA) LTD v. LEE YOW SING t/a 兵工廠

FOSSIL, INC. v. TRIMSET LTD AND ANOTHER

INTERLEGO AG v. TYCO INDUSTRIES INC. AND OTHERS