Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Notional royalty

  • 19 Sept 1997

    ORIENTIAL PRESS GROUP LTD v. APPLE DAILY LTD

    Citation
    ORIENTIAL PRESS GROUP LTD v. APPLE DAILY LTD
    Court
    Court of Appeal
    Case number
    CACV104/1997

    The Court dismissed the appeal holding the trial judge did not commit an error of principle in assessing the notional royalty at HK$5,000 and conversion damages at HK$3,000; the judge lawfully applied accepted authority and commonsense adjustments in calculating conversion damages and any minor arithmetical miscalculation did not justify appellate interference.

  • 8 Apr 1997

    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.

    Citation
    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.
    Court
    Court of First Instance
    Case number
    HCA12063/1996

    The photograph was unlawfully reproduced but plaintiff produced no evidence of lost sales; the appropriate notional royalty for the unlawful use was assessed at HKD 5,000; conversion damages under section 18 were assessed at HKD 3,000; other asserted copyrights in the second action were nominally assessed at HKD 1; there was no overlap between s17 and s18 awards on these facts; the Defendant's 16 October offer was sensible and treated as payment into court and the Defendant was entitled to costs.

  • 8 Apr 1997

    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.

    Citation
    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.
    Court
    Court of First Instance
    Case number
    HCA952/1997

    The court held the defendant infringed the plaintiff's copyright in the front‑cover photograph, assessed a modest notional royalty of HKD 5,000 and conversion damages of HKD 3,000 (no overlap between the two), awarded nominal sum of HKD 1 for other claimed copyrights, and ordered that the defendant is entitled to its costs because it made a sensible early offer which the plaintiff rejected.