Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 108

Provisions as to damages in infringement action

(1) Where in an action for infringement of copyright it is shown that at the
time of the infringement the defendant did not know, and had no reason to
believe, that copyright subsisted in the work to which the action relates, the
plaintiff is not entitled to damages against him, but without prejudice to any
other remedy.

(2) The court may in an action for infringement of copyright having regard to
all the circumstances, and in particular to-

   (a)  the flagrancy of the infringement;

   (b)  any benefit accruing to the defendant by reason of the infringement;
        and

   (c)  the completeness, accuracy and reliability of the defendant's business
        accounts and records, award such additional damages as the justice of
        the case may require. [ cf. 1988 c. 48 s. 97 U.K.]