Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Licensing agreement
  • 5 Oct 2016

    DRACCO NETHERLANDS B.V v. SIMBA TOYS GMBH & CO. KG

    Citation
    DRACCO NETHERLANDS B.V v. SIMBA TOYS GMBH & CO. KG
    Court
    Court of First Instance
    Case number
    HCA304/2014

    The appeal was allowed and the Master's order for security set aside because on a broad‑brush rehearing the plaintiff demonstrated a bona fide claim with arguable prospects of success and there was substantial overlap between the claim and defendant's counterclaim such that ordering security would be unjust; the defendant failed to discharge its burden of showing it would be difficult or unjust to enforce a costs judgment in the Netherlands under the reciprocal enforcement regime and there was no evidence of deliberate misstatement of address by the plaintiff.

  • 25 Jun 2008

    IWAN DIETER LJUBOJEVIC v. DéCOR TRADING CO LTD

    Citation
    IWAN DIETER LJUBOJEVIC v. DéCOR TRADING CO LTD
    Court
    District Court
    Case number
    DCCJ2143/2007

    On the evidence of payments, contemporaneous correspondence and the German law expert affidavit demonstrating enforceable German and EU design rights and that oral licences are binding, the court found a valid licence existed and the Plaintiff had enforceable design rights; the Defendant failed to prove any triable issue on ownership or applicable law, therefore summary judgment granted for the Plaintiff for the claimed sum, interest and costs.