Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Infringing copy

  • 27 Oct 2009

    MAGPUL (ASIA) LTD v. LEE YOW SING t/a 兵工廠

    Citation
    MAGPUL (ASIA) LTD v. LEE YOW SING t/a 兵工廠
    Court
    Court of First Instance
    Case number
    HCA2139/2008

    The evidence (original computer drawings, comparison of finished products and investigator purchases with receipts) established subsistence and ownership of copyright and that the defendant sold virtually identical infringing copies; the defendant failed to raise any triable issue, therefore summary judgment was granted as sought, with a minor amendment to paragraphs 4 and 5 of the summons.

  • 26 Sept 2008

    HKSAR v. YIU CHUN CHU AND ANOTHER

    Citation
    HKSAR v. YIU CHUN CHU AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA1192/2007

    The Court upheld the learned Magistrate's credibility findings and conclusion that the exhibited walkie‑talkies were infringing copies; held that the provisions of s35(4) operate as exceptions/negative averments for the purposes of the criminal offence and the burden to prove those exceptions rests on the defence; found the appellants failed to establish the statutory defence under s118(6)/(3); dismissed the appeal against conviction; allowed appeals against sentence in part by substituting fines (1st appellant HK$30,000 in lieu of 9 months imprisonment; 2nd appellant HK$40,000 in lieu of the…