Read the full judgment text of CACV 000011/2007 on BabelCite. This Court of Appeal judgment was delivered on 8 June 2007 before Ma CJHC, Stone J.
Civil appeal – copyright – secondary infringement of copyright in designs for plastic animal and dinosaur figurines – sections 30 and 31 of the Copyright Ordinance, Cap 528 – summary judgment – whether Defendant raised triable issue on requisite knowledge – striking similarity between Plaintiff's clay models and Defendant's products – Defendant's status as manufacturer of infringing items – obligation of defendant in summary judgment to condescend to particulars – requirement to show fair probability or reasonable grounds of a bona fide defence – Defendant's bare denial unsupported by evidence insufficient – appeal dismissed.
Legal issues: Whether there is a triable issue on the Defendant's knowledge of copyright infringement for summary judgment purposes · Sufficiency of similarity and manufacture as evidence of knowledge
Outcome: Appeal dismissed; summary judgment for the Plaintiff upheld.
Cited by 2 cases