1 Feb 2008
GOLDEN BRIGHT MANUFACTURER LTD v. SUNLIGHT ELECTRONIC TOYS MANUFACTURING CO LTD AND ANOTHER
- Citation
- GOLDEN BRIGHT MANUFACTURER LTD v. SUNLIGHT ELECTRONIC TOYS MANUFACTURING CO LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV90/2007
The Court held that the plaintiff's handsample was not shown to be a 'work of artistic craftsmanship' and s121 could not be used to establish copyright for an object not otherwise a copyright work; the plaintiff failed to prove defendants had constructive or actual knowledge (by 1998 or May 2000) that the articles infringed plaintiff's copyright; shipping through Hong Kong did not amount to primary infringement in the circumstances; accordingly the trial judge's finding of infringement and the order for delivery up were set aside and the appeal was allowed.