- 24 A
B
A
105.
Mr Clark also relied on section 24(1) of the CO for primary
B
infringement by issuing copies of the work to the public which is an act
C
C
restricted by copyright in the work.
D
D
106.
E
F
He also relied on section 31(1)(b) which provides for
secondary infringement where a person, without the licence of the
copyright owner, “sells or lets for hire, or offers or exposes for sale or
E
F
hire”, and on section 30 in relation to importation into Hong Kong of a copy
G
H
I
J
of the work. Section 198(1) of the CO provides that import means “to
bring, or cause to be brought, into Hong Kong any article”.
107.
H
Mr Hughes submitted that on the evidence there was no
serious question to be tried on copyright infringement.
G
However, the
I
J
evidence of Humphreys and Elms shows that D1 sold Glamulet charms
K
L
which were shipped to Hong Kong.
Qian in his 4th affirmation also
confirms that there were Hong Kong sales of some of the items which,
K
L
on the plaintiffs’ case, are infringements. In my view, it is arguable that
M
N
O
P
selling to the public in Hong Kong would be issuing copies of the work to
the public.
108.
M
N
The exhibit HWME–3 to the 1st affidavit of Elms provides
pictures of P1’s products with a comparison of Glamulet’s products.
O
P
I have also considered the non-documentary exhibits that have been
Q
R
supplied to the court.
I am satisfied that the Glamulet products are
substantially similar to P1’s products. There is also some evidence that
Q
R
customers believed that some of the Glamulet products were P1’s
S
products.
S
T
T
U
U
V
V
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières