- 13 A
B
A
that P1 was asserting that copyright subsisted not only in the design
B
drawings but also in the prototypes from which P1’s jewellery products are
C
C
made.
D
D
54.
E
F
Mr Hughes also submitted, relying on George Hensher Ltd v
Restawile Upholstery (Lancs) Ltd [1976] AC 64 at pp 90 – 91, that works
of artistic craftsmanship must not only be works created using
E
F
craftsmanship, implying special training , skill and knowledge for their
G
H
I
J
production, but the craftsmanship, not the work itself, must in addition be
artistic.
55.
G
H
I would observe that para 8 of the ASC pleads that the works of
artistic craftsmanship were each made through the exercise of independent
I
J
and substantial skill, labour and judgment and craftsmanship of the persons
K
K
particularized therein.
L
L
56.
M
N
O
P
Despite the submissions of Mr Hughes, it seems to me that
there is a serious question to be tried as to subsistence and ownership of
copyright.
57.
M
N
I am satisfied on the evidence that there is a serious question to
be tried as to subsistence and ownership of copyright in respect of all the
O
P
copyright works relied on.
Q
R
Q
58.
It is clear on the evidence that GLAMULET is an online
R
business that sells promotes and supplies charms and beads and other
S
T
jewellery products worldwide, including Hong Kong.
As set out in Elms’
1st affidavit it operates through a large network of domain names and
S
T
Glamulet websites including www.glamulet.com and www.glamulet.hk
U
U
V
V
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