15 Feb 1996
CANON KABUSHIKI KAISHA v. GREEN CARTRIDGE COMPANY(HONG KONG) LTD AND ANOTHER
- Citation
- CANON KABUSHIKI KAISHA v. GREEN CARTRIDGE COMPANY(HONG KONG) LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV152/1995
The Court of Appeal held that (1) the British Leyland repair doctrine covers supply of compatible replacement cartridges to owners to restore the printer (the article) to working order and therefore the defendants' supply of reverse-engineered cartridges did not infringe Canon's copyright in the drawings; (2) the patent statutory monopoly does not automatically defeat the repair defence absent a clear patent-based prohibition and, on the facts, Canon's contested patents concerning the drum cover were found valid (cross-appeal allowed) and infringed; and (3) the trial judge's findings were ins…