International Reports - More Updates

Vivien Chan & Co

08 Aug 2018
Judicial interpretation of the Administrative Procedure Law: what’s new?

A judicial interpretation issued by the Supreme People’s Court has updated the Administrative Procedure Law. Key amendments include stricter rules to tackle habitual complainants and the requirement for administrative personnel to justify their absence from court. Full text

27 Jun 2018
Top 10 trademark developments from 2017-2018

This update reviews the top 10 updates from the China Trademark Office and the Trademark Review and Adjudication Board (TRAB) from the past year, which brand owners should be aware of. Among the changes is the online publication of all TRAB decisions. Full text

13 Jun 2018
Original equipment manufacturers: implications of latest Supreme People’s Court decision

The Supreme People's Court has reaffirmed that the use of trademarks on original equipment manufacturer (OEM) products exclusively for export does not constitute trademark infringement. However, it is still unclear whether OEM use is sufficient evidence against non-use cancellations. Full text

16 May 2018
How the revised Trademark Law has been implemented: examination timeline and a new online database

In the second of two instalments regarding the implementation of the 2014 Trademark Law, this update looks at the new examination timelines and how the Trademark Review and Adjudication Board has launched a new online database for decisions. Full text

09 May 2018
How the revised Trademark Law has been implemented: bad faith and the latest case trends

Since the revision of the Trademark Law in 2014, detailed regulations, judicial interpretations and examination standards have been implemented. This update focuses on how the revised law has been used to tackle bad-faith filings and looks at the latest trends in such cases. Full text

18 Apr 2018
Opening the door for original grant patents in Hong Kong

As part of an effort to develop Hong Kong into a regional innovation and technology hub, the city will introduce new application procedures for original grant patents by the end of 2018. Full text

04 Apr 2018
Electronic Commerce Law (second draft)

The growth of China’s e-commerce sector has driven the government to further regulate the activities of e-commerce operators. The recently published second draft of the Electronic Commerce Law introduced a number of important changes affecting e-commerce operators in China. Full text

21 Mar 2018
Apology Ordinance – apology without consequence?

The Apology Ordinance is the first apology legislation in Asia and prevents an apology from constituting admission of liability to its maker’s detriment. It enables parties in Hong Kong to use an open apology to resolve disputes. Full text

07 Mar 2018
Fight against data scraping: legal redress?

Do businesses have any legal redress against web scrapers for extracting data from their own websites? The Chinese courts have answered in the affirmative and provided two routes for protection – namely, copyright infringement and unfair competition. Full text

14 Feb 2018
Revised Anti-unfair Competition Law enters into force

While the Anti-unfair Competition Law has been revised to address new business activities and unfair competition behaviour, how the courts will apply its provisions to protect the rights of business operators and encourage fair competition remain to be seen. Full text

07 Feb 2018
China’s continued trademark reforms

Besides a notable acceleration in trademark registration processing, two recent developments relating to trademark squatting and the guiding cases system are particularly relevant for trademark owners in China. Full text

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Issue 91