Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Knowledge/constructive knowledge

Legal area

Court

6 Oct 2015

KARIBU BABY LTD v. GLOBAL YIELD INTERNATIONAL LTD t/a COUPPIE

Citation

KARIBU BABY LTD v. GLOBAL YIELD INTERNATIONAL LTD t/a COUPPIE
Court

Court of First Instance
Case number

HCA1765/2014

No triable defence existed: patent infringement established and cannot be defended by belated reliance on s81(1); copyright infringement established as secondary infringement because the defendant marketed a product that was a copy and had constructive if not actual knowledge given inadequate due diligence and omitted evidence; accordingly summary judgment entered for plaintiff with injunctions and ancillary relief and indemnity costs from 31 May 2015.
26 Apr 2007

LIAO FU PIN AND ANOTHER v. AD-MAGNETICS CO LTD AND ANOTHER

Citation

LIAO FU PIN AND ANOTHER v. AD-MAGNETICS CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1778/2006

The court found the plaintiffs did not demonstrate a high degree of probability of success on the issue of the 2nd defendant’s knowledge of infringement, while there was a strong prima facie case against the 1st defendant for breach of licence; because any costs recovered from the 1st defendant would buffer the 2nd defendant’s exposure, and the merits did not justify ordering security against the plaintiffs, the appeal was dismissed and the application for security for costs was refused.