$2407024 9/1912
988
Power to make order
for injunction, inspection, or account.
No. 17.] THE ORDINANCES OF HONGKONG: [A.D. 1901
Supreme Court against the party offending or by summary proceedings before a Magistrate.
10. In any action in the Supreme Court for the infringement of any such copyright as aforesaid, it shall be lawful for the Court, if the Court is then sitting, or, if the Court is not sitting, then for a Judge of the 25 & 26 Vict. Court, on the application of the plaintiff or defendant respectively, to make such order for an injunction, inspection, or account, and to give such direction respecting such action, injunction, inspection, and account and the proceedings therein respectively, as to the Court or Judge may seem fit.
c. 68 s. 9.
Prohibition of
Ib. s. 10.
11. All repetitions, copies, or imitations of paintings, drawings, or photographs, wherein or in the design whereof there is subsisting copyright under this Ordinance, and all repetitions, copies, and imitations of drawings, and the design of any such painting or drawing or of the negative of such photograph, which, contrary to the provisions of this Ordinance have been made in any foreign state, or in any part of the British dominions, are hereby absolutely prohibited to be imported into this Colony, except by or with the consent of the proprietor of the copyright thereof or his agent authorized in writing.
Saving of
right to bring
action for damages in
case of infringement
Ib. s. 11.
12. If the author of any painting, drawing, or photograph in which there is subsisting copyright, after having sold or otherwise disposed of such copyright, or if any other person, not being the proprietor for the time being of such copyright, without the consent of such proprietor of copyright, repeats, copies, colourably imitates, or otherwise multiplies, or causes or procures to be repeated, copied, colourably imitated, or otherwise multiplied, for sale, hire, exhibition, or distribution, any such work or the design thereof, or the negative of any such photograph, or imports or causes to be imported into this Colony, or sells, publishes, lets to hire, exhibits, or distributes, or offers for sale, hire, exhibition, or distribution, or causes or procures to be sold, published, let to hire, exhibited, or distributed, or offered for sale, hire, exhibition, or distribution, any repetition, copy, or imitation of such work, or the design thereof, or the negative of any such photograph, made without such consent as aforesaid, then every such proprietor, in addition to the remedies hereby given for the recovery of any such penalties and forfeiture of any such things as aforesaid, may recover damages by and in a special action on the case, to be brought against the person so offending, and may in such action recover and enforce the delivery to him of all unlawful repetitions, copies and imitations, and negatives of photographs or may recover damages for the retention or conversion thereof. Provided that nothing herein contained, nor any proceeding, conviction, or judgment for any
866
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