15 Feb 2007
GOLDEN BRIGHT MANUFACTURER LTD v. SUNLIGHT ELECTRONIC TOYS MANUFACTURING CO LTD AND ANOTHER
- Citation
- GOLDEN BRIGHT MANUFACTURER LTD v. SUNLIGHT ELECTRONIC TOYS MANUFACTURING CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA927/2001
Court accepted s.121 affidavits and held copyright subsisted in the handsample; copying outside Hong Kong did not amount to primary infringement where consignments were merely transhipped for re‑export, but Sunlight imported infringing copies into Hong Kong and, having actual knowledge by May 2000, is liable for secondary infringement for consignments from that date; constructive knowledge at the time of copying was not proven; section 109 empowers delivery up of moulds used to make infringing copies even if located in Dongguan; injunction and delivery up remedies are appropriate.