Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Design registration

  • 4 Sept 2007

    MEYER INTELLECTUAL PROPERTIES LTD v. LEE YUEN HOUSEWARES CO LTD

    Citation
    MEYER INTELLECTUAL PROPERTIES LTD v. LEE YUEN HOUSEWARES CO LTD
    Court
    Court of First Instance
    Case number
    HCA1978/2006

    The court found on the evidence (contemporaneous emails, sketches and the s121 material) that the original artwork was the sketch by Bonjour employee Susie McCaffrey and the defendant's working drawing derived from it; accordingly Meyer, as successor to Bonjour, is the owner of the copyright and is entitled to a declaration to that effect. However, there was insufficient evidence of a real risk of future infringement by Lee Yuen, so a quia timet injunction was refused while Lee Yuen was given unconditional leave to defend that application.

  • 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…