Hong Kong Case Law: Decisions & Judgments

Topic

Substantial similarity

Legal area

Court

29 Oct 2019

GLOWJOY GROUP CO LTD v. WONG WAI CHUN AND OTHERS

Citation

[2019] HKCFI 2672
Court

Court of First Instance
Case number

HCA886/2019

The court held there is a serious question to be tried on the copyright infringement and related breach of confidence and unlawful means conspiracy claims; damages would be difficult to quantify and defendants did not demonstrate ability to pay or absence of imminent harm; on balance of convenience the plaintiff would suffer irreparable or hard‑to‑quantify harm if injunctive relief were withheld, therefore an interlocutory injunction restraining defendants from using, copying, selling or disclosing the S250 and SP800 drawings and specified technical documents was granted until trial or furthe…
6 Jun 2001

MAISON JOSEPH BATTAT LTD. AND ANOTHER v. POLYFECT TOYS CO. LTD.

Citation

MAISON JOSEPH BATTAT LTD. AND ANOTHER v. POLYFECT TOYS CO. LTD.
Court

Court of First Instance
Case number

HCA1810/2001

Although there was a serious question to be tried on copyright infringement due to prima facie similarities, the defendant's evidence of independent creation was not ex facie unworthy of credit and there was no clear likelihood of the plaintiff's success; damages were an adequate remedy and the defendant could pay, so on balance of convenience the interlocutory injunction was refused.
13 Nov 2000

CHAP MEI PLASTIC TOYS MANUFACTORY LTD. v. PMS INTERNATIONAL FAR EAST LTD.

Citation

CHAP MEI PLASTIC TOYS MANUFACTORY LTD. v. PMS INTERNATIONAL FAR EAST LTD.
Court

Court of First Instance
Case number

HCA3297/2000

The defendant failed to raise a triable issue on lack of originality and failed to show credible evidence that its items derived from earlier O Mai sketches; visual comparison established striking/substantial similarity; the defendant had opportunity and reason to believe the items were infringing during the proceedings and intended to continue dealing in them; summary judgment was therefore granted in part for seven of the nine contested toys, with injunction, delivery up and discovery ordered; claims in respect of the helicopter and jeep were left to be defended because of potential abuse o…
25 Aug 1993

LINDA CHIH LING KOO v. LAM TAI HING

Citation

LINDA CHIH LING KOO v. LAM TAI HING
Court

Court of Appeal
Case number

CACV116/1992

The Court upheld the trial judge's findings that the respondents' questionnaire was an original literary work protected by copyright, that the appellant had used and reproduced a substantial and qualitatively important part of it (established by sequence, tabular forms, unusual phrasing and expert evidence), and that the questionnaire was confidential because it embodied skill and judgment; the appellant had obtained it without authority and used it, constituting misuse of confidential information and copyright infringement, therefore the appeal is dismissed.

Hong Kong Case Law

GLOWJOY GROUP CO LTD v. WONG WAI CHUN AND OTHERS

MAISON JOSEPH BATTAT LTD. AND ANOTHER v. POLYFECT TOYS CO. LTD.

CHAP MEI PLASTIC TOYS MANUFACTORY LTD. v. PMS INTERNATIONAL FAR EAST LTD.

LINDA CHIH LING KOO v. LAM TAI HING