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Copyrighted Product Infringement – HongKong
In an argument rested in whether or not the defendant had the requisite knowledge that, despite overwhelming similarity, its products were infringing copyright, the Court of Appeal in Hong Kong found that there were overwhelming similarities between the products of the defendant and their counterparts produced by the plaintiff. The evidence in the case is overwhelming that the defendant was the manufacturer of the relevant infringing products. This together with the sheer similarities between the plaintiff’s products and that of defendant’s, clearly provides evidence of the requisite knowledge on the defendant’s part.
The Court of Appeal came to the conclusion that the level of similarity between the Plaintiff’s products and the Defendant’s products, coupled with the fact that the Defendant also manufactured their own products, was no coincidence. The Court accepted that the relative quality of the evidence submitted by both parties had made it not viable for the Defendant to defend against the claim that they had indeed infringed, and infringed with knowledge, the plaintiff’s copyrighted products. The Defendant’s appeal was therefore dismissed.
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