There are a number of different actions available to enforce rights infringed in Hong Kong. The choice of which action to take will depend on the scope of the problem and the potential damage the problem causes to your business.
Where the problem is minor it can be resolved by obtaining appropriate undertakings from the infringer. Such undertakings usually require the infringer to stop all further infringement, surrender all stock of infringing items, give full disclosure of its suppliers and customers, pay damages for all infringement and in some instances pay legal costs.
If an infringer is not prepared to give such undertakings court action may be necessary.
Court action can be swift and extremely effective. With civil action a successful plaintiff will be entitled to a permanent injunction against the defendant and be entitled to recover damages and its legal costs from the defendant. The defendant will further be obliged to surrender all stock of infringing items and disclose details of its suppliers and customers.
When considering whether to embark on litigation in Hong Kong it is important to bear in mind that a successful party, whether successful plaintiff bringing an action, or successful defendant defending a suit, will generally be entitled to recover a substantial portion of its costs from the losing party. This can often be the deciding factor in commencing proceedings.
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