Region: Hong Kong

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

NAKED mark not registrable for condoms

The trademarks registrar has rejected an application to register the mark NAKED for condoms on the grounds that the mark was descriptive and devoid of any distinctive character. The registrar considered that consumers would perceive the mark as describing a characteristic of the goods rather than as a badge of origin.

01 October 2008

New offence under the Trade Descriptions Ordinance

The Trade Descriptions (Amendment) Ordinance 2008, which was published in the <i>Government Gazette</i> on 27th June 2008 but has yet to come into force, introduces a new offence of false or misleading representation in regard to a seller’s connection with another party, which is akin to statutory passing off.

10 September 2008

Government moves to strengthen copyright protection in the digital environment

The government has sought public opinion on preliminary proposals to strengthen copyright protection in the digital environment. The proposals include providing a new exemption for temporary reproductions of copyrighted works by online service providers where technically necessary, and drawing up a compliance code of practice for online service providers.

03 September 2008

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