Canon Kabushiki Kaisha v Green Cartridge Company (Hong Kong) Ltd

JurisdictionUK Non-devolved
Judgment Date30 April 1997
Date30 April 1997
CourtPrivy Council
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19 cases
  • Schutz (UK) Ltd and Others v Delta Containers Ltd (No 1)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 November 2011
    ...idea and the old idea. That depends on what the old idea was. Canon 125 77. Next there is the decision in Canon v Green Cartridge [1997] AC 728, only a few years before United Wire. Canon was complaining in Hong Kong about a defendant who made copies of Canon cartridges for Canon printers. ......
  • Dyson Ltd v Qualtex (UK) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 March 2006
    ...grant. The decision is not without criticism � see particularly the analysis of Leyland by the Privy Council in Canon v Green Cartridge [1997] AC 728. The conclusion in that case was that the " Leyland" defence is limited to clear cases of anti-competitiveness, or those where the ordinary ......
  • Mars UK Ltd v Teknowledge Ltd (No.2)
    • United Kingdom
    • Chancery Division
    • 11 June 1999
    ...A "spare parts" defence had been recognised in the Leyland case, but in Canon Kabushiki Kaisha v Green Cartridge Co (Hong Kong) LtdELR ((1997) AC 728) the Privy Council had limited its scope; further, the Copyright Designs and Patents Act 1988 had, in section 51, essentially abolished indus......
  • Schutz (UK) Ltd and Others v Delta Containers Ltd (No 1)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 31 March 2010
    ...circumstances: see in particular Lord Hoffmann's critique of the reasoning in British Leyland v Armstrong [1986] A.C. 577 in Canon Kabushiki Kaisha v Green Cartridge [1997] FSR 817 at 822–826. 183 Mr Meade suggested that the right question was: “When you take that component out, the one in ......
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2 books & journal articles
  • A LOOK BACK AT PUBLIC POLICY, THE LEGISLATURE, THE COURTS AND THE DEVELOPMENT OF COPYRIGHT LAW IN SINGAPORE
    • Singapore
    • Singapore Academy of Law Journal No. 2012, December 2012
    • 1 December 2012
    ...was recognised right at the start of “modern” English copyright law. 83 See Canon Kabushiki Kaisha v Green Cartridge Co (Hong Kong) Ltd[1997] 3 WLR 13 and the criticism by Lord Hoffmann (Privy Council) (at 20) of the House of Lords decision, where the ideal of an unrestricted market was emp......
  • Copyright infringement without copying - reflections on the Theberge case.
    • Canada
    • Ottawa Law Review Vol. 39 No. 1, December 2007
    • 22 December 2007
    ...Leyland was criticized in a later decision, Canon Kabushiki Kaisha v. Green Cartridge Co. (Hong Kong) Ltd., [1997] F.S.R. 817 at 823-26, [1997] A.C. 728 (P.C.). Here, the Privy Council stated that the intent of the Court in British Leyland was to prevent misuse of monopoly power, however, i......

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