Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Compilation copyright

  • 30 Nov 2010

    OPG HUMAN RESOURCES LTD v, APPLE DAILY LTD AND ANOTHER

    Citation
    OPG HUMAN RESOURCES LTD v, APPLE DAILY LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA481/2009

    The court held that it was not plain and obvious that the plaintiff's articles could not be protected as compilations or that no arguable case of infringement existed, so the strike out against the 2nd–4th defendants was refused (though the pleading on compilation was deficient and remediable); however the plaintiff had no positive case linking the 1st defendant to the alleged online publications, so the claim against the 1st defendant was struck out and dismissed. The consolidation relief was denied but the court ordered both actions to be tried by the same judge and reserved sequencing to t…

  • 30 Nov 2010

    APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS

    Citation
    APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1396/2009

    Compilation copyright can in principle subsist in news articles where the article embodies skill, judgment and labour in selection, arrangement and expression; on the pleadings some of the plaintiff's articles are arguable compilations so the striking out against defendants except the 1st defendant was not warranted; the Statement of Claim inadequately pleaded compilation but defects were curable; there was no positive case against the 1st defendant linking it to the online publication so the claim against it was struck out; consolidation was inappropriate but the two actions should be tried…