3 Dec 2024
VOGEL INDUSTRIES (M) SDN BHD v. VOGELSITZE GMBH AND OTHERS
- Citation
- [2024] HKCFI 3482
- Court
- Court of First Instance
- Case number
- HCIP56/2023
The strike‑out applications were refused because the Statement of Claim, though ambiguous, disclosed an arguable case that the Design Drawings may be original and protectable given skill and labour in their preparation; the correct remedy was to grant the plaintiff general leave to amend its pleadings to clarify whether the claim is based on the drawings or the design per se, and to permit the 1st and 3rd Defendants to reapply to strike out if the amended pleadings remain unarguable.