Region: Hong Kong

New companies bill benefits trademark owners

In order to address concerns raised by trademark owners regarding the problem of "shadow companies" in Hong Kong, the new Companies (Amendment) Bill 2010 considers, among other things, certain changes to the company name registration system with a view to enhancing enforcement against possible abuses by shadow companies.

03 March 2010

Registrar finds TOMBOY mark descriptive and indistinctive

The registrar of trademarks recently refused an application to register the word mark TOMBOY in respect of clothing, footwear and headgear in Class 25 of the Nice Classification on the grounds that the mark consists exclusively of a sign which designates the characteristics of the goods applied for and is devoid of distinctive character.

24 February 2010

Refined proposals on copyright protection in the digital environment

Taking into account the views received on the preliminary proposals published last year and the latest developments overseas, the government recently refined its proposals to enhance copyright protection in the digital environment. The proposals attempt to strike a balance between the interests of copyright owners, internet service providers and users.

09 December 2009

Hong Kong opens consultation on copyright tribunal rules

The government has launched a public consultation on the drafting approach and direction for the new Copyright Tribunal rules. The new rules are intended to provide flexible, convenient and cost-effective proceedings consistent with contemporary dispute resolution practice.

23 September 2009

No registration for Zeta-Jones trademark

The registrar of trademarks has rejected Cariad Properties Limited's application to register 'Catherine Zeta-Jones' in Class 41 (entertainment services). The registrar held that the mark consisted exclusively of a sign that designated the characteristics of the services applied for and was devoid of any distinctive character.

16 September 2009

Dunhill claims victory over imitated mark

The registrar of trademarks has declared invalid a registration for the trademark DEERLU obtained by French Dunhill, as it created an overall impression that was very similar to that of the trademark DUNHILL, owned by Alfred Dunhill Limited, and would lead to customer confusion.

10 June 2009

New Copyright (Amendment) Bill 2009

Section 119B(1) of the Copyright Ordinance 2007, which is not yet in force, creates a new criminal offence applicable to four types of printed work. However, the new Copyright (Amendment) Bill 2009 sets down certain circumstances in which Section 119B(1) does not apply.

20 May 2009

Increased awareness of IP rights protection

The 2008 annual survey on public awareness of IP rights protection has revealed increased awareness of IP rights among the Hong Kong people. Over 50% of respondents considered that the measures imposed by the government during the last two years have helped to protect against IP rights infringement.

13 May 2009

NAKED mark declared registrable for condoms on appeal

The Hong Kong Court of First Instance has overruled the trademark registrar's decision to refuse registration of the mark NAKED for condoms in Class 10. The court held that the term "naked" was capable of bearing a distinctive character and identifying the products of a particular undertaking.

15 April 2009

Court issues Norwich Pharmacal order against website-hosting service provider

The Hong Kong High Court has granted Norwich Pharmacal relief to three North American satellite broadcasters to disclose owners of certain websites providing hardware and software that allows the descrambling of the broadcasters' encryption technology.

26 November 2008

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