Region: Hong Kong

The Supreme Court has spoken: OEMs and trademark use

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods – many of them via contract…

06 April 2016

Patents bill making its way through the legislature

The Hong Kong government recently introduced the Patents (Amendment) Bill 2015 into the Legislative Council for first and second readings. The bill is intended to meet present-day standards for patent systems and to promote Hong Kong as a regional hub for innovation and technology.

16 December 2015

Impact of Contracts (Rights of Third Parties) Ordinance on trademark licensing

The Contracts (Rights of Third Parties) Ordinance will introduce a variation of the common law doctrine of privity of contract which provides that a party cannot acquire and enforce rights under a contract to which it is not a party. When entering into a licence agreement on or after January 1 2016, rights holders should carefully consider whether and to what extent to contract out the application of the ordinance.

02 December 2015

Intellectual Ventures’ China deal is representative of the shift taking place in the patent monetisation business

NOTE: This blog has been updated to include comments from IV's Peter Detkin. These were sent subsequent to publication and can be found at the end of the entry.Chinese president Xi Jinping arrived in the United States this week, with Seattle…

24 September 2015

Registry updates Work Manual on Absolute Grounds for Refusal

The Hong Kong Trademarks Registry has updated the Work Manual on Absolute Grounds in relation to objections based on bad faith. The changes provide that where the circumstances of the application give rise to a reasonable suspicion of the applicant’s entitlement to the mark or the honesty of its intention, examiners now have a duty to raise an objection based on bad faith.

08 April 2015

Bill proposes to update copyright regime

The Hong Kong government recently introduced the Copyright (Amendment) Bill 2014 into the Legislative Council for its first and second readings. The bill combines new proposals formulated following earlier public consultation on the treatment of parody and legislative proposals under the former Copyright Bill 2011.

03 September 2014

Application for 'Cool Fresh' in Class 3 refused on absolute grounds

The trademarks registrar has refused an application by Unilever NV to register 'Cool Fresh' as a trademark in respect of goods in Class 3 including “soaps; perfumery; shaving foam; preparations for the bath and shower etc". The applied-for mark failed to distinguish the trade origin of the goods.

30 April 2014

Registrability requirements of movement marks and holograms clarified

A movement mark or hologram is registrable as a trademark in Hong Kong provided that it is a sign that is capable of distinguishing the goods or services of one undertaking from those of others, and can be represented graphically. The Hong Kong Trademarks Registry recently issued a note presenting its examination practice and clarifying the filing requirements for this special category of mark.

05 February 2014

Government consults on treatment of parodies

Altering existing photographs or film posters with pictures of political figure and rewriting the lyrics of existing songs have become two of the most popular ways for Hong Kong internet users to comment on current events. Parody has now become an issue for public consultation, and the government is seeking views on how the copyright regime should deal with parody appropriately.

11 September 2013

Changes in patent system announced

The government recently announced that it has accepted the recommendations put forward by the Advisory Committee appointed to consider how Hong Kong should position its patent system in future and how best to implement any changes to that system in light of what the government decides.

12 June 2013

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