Hong Kong Case Law: Decisions & Judgments

Topic

Assignment of copyright

Legal area

Court

13 Oct 2017

GOLDEN SUN FILMS DISTRIBUTION LTD v. STAR ALLIANCE MOVIES (HK) CO LTD

Citation

GOLDEN SUN FILMS DISTRIBUTION LTD v. STAR ALLIANCE MOVIES (HK) CO LTD
Court

Court of First Instance
Case number

HCA882/2014

Summons dismissed because (1) the Plaintiff, pleading itself as exclusive licensee of copyright owned by Golden Sun, could not properly proceed without joinder of Golden Sun under s113(1) CO making the claim incompetently constituted; (2) there are triable issues of fact on construction of Clauses 12 and 14 of the Processing Agreement (including relevance of industry practice) such that the question is unsuitable for determination under Order 14A or summary judgment; and (3) there are material doubts about the authenticity/effectiveness of the 2003 assignment to Golden Sun exacerbated by the…
18 Oct 2006

FILMKO PICTURES LTD v. UNLIMITED PRODUCTION LTD AND ANOTHER

Citation

FILMKO PICTURES LTD v. UNLIMITED PRODUCTION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4568/2002

On the balance of probabilities the court found the TMS Agreement did not exist (no written assignment, inconsistent commercial rationale, trade practice and contemporaneous documents supported reimbursement view), dismissed Filmko's claim in HCA4568/2002, found Filmko wrongfully repudiated the Engagement Contract in HCA4219/2002, entered judgment for UPL for the unpaid balance of remuneration (HK$600,000 plus interest) and dismissed Filmko's counterclaim; costs awarded to UPL and Yee to be taxed if not agreed.
18 Oct 2006

UNLIMITED PRODUCTION LTD v. FILMKO PICTURES LTD

Citation

UNLIMITED PRODUCTION LTD v. FILMKO PICTURES LTD
Court

Court of First Instance
Case number

HCA4219/2002

On the balance of probabilities the court found the alleged TMS Agreement did not exist (no written assignment, commercial implausibility, contemporaneous documents consistent with reimbursement), Filmko's misrepresentation/ownership complaints therefore fell away, and Filmko wrongfully repudiated the Engagement Contract by failing to pay aggregated monthly remuneration; UPL is entitled to the unpaid balance of HK$600,000 with interest and Filmko's counterclaim is dismissed.
13 Aug 1999

HOBERMAN DESIGNS INC v. LIEN TAI TRADING CO LTD

Citation

HOBERMAN DESIGNS INC v. LIEN TAI TRADING CO LTD
Court

Court of First Instance
Case number

HCA7501/1999

The Plaintiff proved title and copying by uncontroverted affidavit and exhibited products; the Defendant disclosed no genuine defence and expert evidence was unnecessary; accordingly there was no bona fide triable issue and summary judgment was entered for the Plaintiff with reliefs in terms of the Order 14 Summary Judgment Summons.
2 May 1996

MAK HAU SHING v. ORIENTAL PRESS GROUP LTD AND OTHERS

Citation

MAK HAU SHING v. ORIENTAL PRESS GROUP LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP21/1996

The Court refused the extension of time because the daughter's evidence did not establish coercion or duress sufficient to render the photographer's copyright unenforceable on public policy grounds and the proposed appeal lacked a reasonable prospect of success; therefore there was no basis to grant the discretionary relief sought.
11 May 1995

SWATCH AG also known as SWATCH SA v. CAPTOON INDUSTRIES LTD.

Citation

SWATCH AG also known as SWATCH SA v. CAPTOON INDUSTRIES LTD.
Court

Court of Appeal
Case number

CACV107/1994

The Court held that the plaintiff demonstrated a real prospect of success on copyright claims in specified drawings (bezel and perforated strap), the balance of convenience favoured granting interlocutory injunctive relief because damages were inadequate and plaintiff could give an undertaking, and therefore the appeal was allowed and the interlocutory injunctions sought were granted.
6 Jan 1986

WONG LEUNG WAH, ALIAS WONG LEUNG v. TSANG SAU HAN AND ANOTHER

Citation

WONG LEUNG WAH, ALIAS WONG LEUNG v. TSANG SAU HAN AND ANOTHER
Court

Court of First Instance
Case number

HCA982/1984

The partnership was dissolved effective 1 January 1983; the defendants' counterclaim for damages and fraud failed because alleged misrepresentations were not proved or were immaterial; neither party was awarded damages; accounts and enquiries are to be taken with findings that Yau Yee is entitled to specified reasonable charges (plastic parts HK$9.90 per set, assembly HK$6.80 per set and surplus parts HK$2,972.07) and prior recoveries (eg garnisheed HK$8,825.07) to be reflected in the accounts.
22 Jan 1985

CHOW KWOK WAH t/a FAT CHOI PRINTING CO v. HALLMARK PRINTING CO (a firm)

Citation

CHOW KWOK WAH t/a FAT CHOI PRINTING CO v. HALLMARK PRINTING CO (a firm)
Court

Court of First Instance
Case number

HCA1594/1984

The court found the plaintiff owned copyright in the drawings; Ex P6 were exact infringing copies sold by the defendant and Ex D1-D3 were substantially similar with a causal connection inferred in the absence of the defendant's artist's evidence; the defendant had requisite knowledge for secondary infringement; remedies awarded included injunctive relief and ordinary damages but no additional or exemplary damages.
7 Jun 1979

WAH SANG INDUSTRIAL CO (A FIRM) v. TAKMAY INDUSTRIAL CO LTD

Citation

WAH SANG INDUSTRIAL CO (A FIRM) v. TAKMAY INDUSTRIAL CO LTD
Court

Court of First Instance
Case number

HCA4274/1978

The court found that the plaintiff had an arguable equitable title and produced sufficient evidence of direct copying (torso/mechanism and dress) such that damages would not adequately protect the plaintiff's established reputation and goodwill; applying the balance of convenience the court granted interim injunctions restraining the defendant from infringing the plaintiff's copyrights in the torso/mechanism and dress and restrained use of the plaintiff's get-up pending trial, and awarded costs to the plaintiff.