Hong Kong Case Law: Decisions & Judgments

Topic

Primary infringement

Legal area

Court

9 Aug 2024

HOHO MEDICAL LTD v. HONG KONG PLATINUM HEALTH MEDICAL CO LTD AND ANOTHER

Citation

[2024] HKCFI 2078
Court

Court of First Instance
Case number

HCIP9/2022

Summary judgment was entered for the Plaintiff because the Plaintiff proved ownership and subsistence of copyright and reproduction/publishing by the Defendants, and the Defendants failed to establish any arguable defence as their evidence consisted of unsigned self‑serving statements lacking sworn testimony or documentary corroboration; therefore no triable issue remained.
11 Sept 2023

H&M HENNES & MAURITZ GBC AB v. ZOETOP BUSINESS CO LTD AND OTHERS

Citation

[2023] HKCFI 2329
Court

Court of First Instance
Case number

HCIP31/2021

Leave to appeal is granted in respect of the claim against the 1st Defendant because the judge accepted the 1st Defendant's affirmation describing its business as akin to an e-commerce platform but failed to address evidence or argument that the 1st Defendant sold under its own brand and thus may have been the party who first put the alleged infringing goods into circulation; this potential error gives the Plaintiff a reasonable chance of success on appeal. Leave to appeal is refused in respect of the 2nd Defendant. Costs ordered nisi as set out.
2 May 2023

H&M HENNES & MAURITZ GBC AB v. ZOETOP BUSINESS CO LTD AND OTHERS

Citation

[2023] HKCFI 1175
Court

Court of First Instance
Case number

HCIP31/2021

Summary judgment refused and unconditional leave to defend granted because triable issues exist: (a) whether the first putting into circulation occurred outside Hong Kong (s24(3)) so primary infringement is contested; (b) whether Defendants had knowledge or reason to believe goods were infringing is disputed and fact‑sensitive, creating a triable issue for secondary infringement; and (c) whether the 2nd Defendant participated in a common design to make it a joint tortfeasor is a live issue. Costs ordered in the cause.
30 Nov 2006

LEE YUEN HOUSEWARES CO LTD v. MOK WING KUN STEPHEN t/a WING TUNG & CO

Citation

LEE YUEN HOUSEWARES CO LTD v. MOK WING KUN STEPHEN t/a WING TUNG & CO
Court

Court of First Instance
Case number

HCA1560/2005

The court found on the evidence that the plaintiff owned the copyright, the defendant's products were copied or substantially copied from the plaintiff's copyrighted designs, and the defendant put those infringing copies into circulation in Hong Kong by selling to Premier, thereby committing primary infringement; accordingly the plaintiff was entitled to permanent injunctive relief, discovery and an account of profits, with costs awarded at 80%.
1 Aug 2002

LL.B. CONSULTANCY LTD v. PROWAY LTD AND OTHERS

Citation

LL.B. CONSULTANCY LTD v. PROWAY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA5130/2001

Given the small quantity of material allegedly taken and the absence of evidence from the plaintiff's author as to originality or source, the defendant raised a plausible alternative source (the 'Lowtax' site), creating a triable issue on whether a substantial part was taken; accordingly summary judgment was refused and leave to defend granted.

Hong Kong Case Law

HOHO MEDICAL LTD v. HONG KONG PLATINUM HEALTH MEDICAL CO LTD AND ANOTHER

H&M HENNES & MAURITZ GBC AB v. ZOETOP BUSINESS CO LTD AND OTHERS

H&M HENNES & MAURITZ GBC AB v. ZOETOP BUSINESS CO LTD AND OTHERS

LEE YUEN HOUSEWARES CO LTD v. MOK WING KUN STEPHEN t/a WING TUNG & CO

LL.B. CONSULTANCY LTD v. PROWAY LTD AND OTHERS