Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Causal connection/copying
  • 15 May 1987

    E AND B GIFTWARE INC. AND ANOTHER v. CHU SAU YEE ALAN AND ANOTHER

    Citation
    E AND B GIFTWARE INC. AND ANOTHER v. CHU SAU YEE ALAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA4598/1986

    The cardboard prototype and plastic mock-ups are not 'artistic works' under s3(1) of the 1956 Act (not sculptures, engravings or works of artistic craftsmanship); the Plaintiffs own copyright in the technical and rendering drawings and the Defendants' product is a substantial reproduction of those drawings; the 1st Defendant copied and thus infringed the Plaintiffs' copyright and breached his contractual duty of non-disclosure; the 2nd Defendant is secondarily liable because the 1st Defendant's knowledge is attributable to it; UK design registration (Cap.44) does not protect the Defendants in…