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Industry Reports - More Updates
China
Vivien Chan & Co
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11 Dec2019
Amendments to Trademark Law and new provisions for regulating trademark registration applications could alter China's filing landscape
The fourth amendment of the Trademark Law came into effect on 1 November 2019. It provides the factors to be considered when deciding whether a trademark application contravenes Article 4 of the amended Trademark Law and demonstrates the China National IP Administration's determination to tackle bad-faith filings. Full text
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19 Jun2019
Major developments set to vastly improve trademark and patent landscape
As it marks the 10th anniversary of the implementation of the national IP strategy, the Chinese government has taken the next step in restructuring the offices that administer various IP rights. This includes the implementation of a faster timeframe for patent examination, provisions to curb bad-faith filings and the introduction of the E-commerce Law. Full text
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12 Jun2019
Amends to the Trademark Law could put an end to bad-faith filings
The amendments of 23 April 2019 to the Trademark Law will come into effect on 1 November 2019. These changes are a promising next step in the Chinese government’s stand against bad-faith filings and trademark infringement in China. Full text
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3 May2019
Launch of China-only brands by international brand owners
As the world’s second-largest economy and with a population in excess of 1.3 billion, China represents huge potential for many international brands. However, it is also the case that the infringement of IP rights has caused internationally well-known brands to suffer setbacks when exploiting the Chinese market. Full text
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3 Apr2019
Protecting app names in China
Designing a unique and striking app name and icon is crucial for developers keen to set their innovations apart from competitors. However, it is important to protect the app name and enforce your trademark rights to prevent others from profiting on the app’s success. Full text
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12 Mar2019
Ford successfully obtained injunction order in China in landmark case
In a strategic lawsuit in which Ford authorised Ford China to file an action on its behalf and apply for an evidence preservation order, an export of counterfeit automobile parts was prevented and a favourable judgment was handed down, which suggests that injunction orders are becoming easier to obtain. Full text
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20 Feb2019
New registration requirements prompt fears from e-businesses
The first E-commerce Law in China came into force on 1 January 2019. Since its promulgation, many people have voiced concerns, in particular over the requirement for online businesses to register with the Administration for Industry and Commerce. Full text
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23 Jan2019
Competitors and keyword advertising: how to protect your mark
Over the past decade, advertising and sales have moved onto online platforms, transforming search engines into essential platforms for business promotion. However, this makes it easier for competitors to take advantage of a mark’s reputation by using a registered mark as a keyword. Full text
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19 Dec2018
Data breach – what to know, how to prevent and how to handle
The proliferation of recent data breaches is a wake-up call for data users, who should have a basic understanding of the statutory requirements on the protection of personal data and should take the necessary actions to comply with these. Full text
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28 Nov2018
Case alert – Hugo Boss Trademark Management GmbH v Britain Boss International Co Ltd
Can a trademark owner submit a claim in Hong Kong against the owner of a website selling infringing goods in China? This issue was brought before the Hong Kong Court of Appeal. Full text
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21 Nov2018
First E-commerce Law in China
On 31 August 2018 the Standing Committee of the National People’s Congress published the long-awaited E-commerce Law, which will come into effect on 1 January 2019. This article highlights some of the changes to which brand owners should pay attention. Full text
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7 Nov2018
Key takeaways from the top 20 cases published by the Trademark Review and Adjudication Board
The China Trademark Review and Adjudication Board has published its top 20 cases, which provide insights into approaches and trends in decisions. Full text
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24 Oct2018
How to obtain high damages in a patent infringement case in China
A recent Supreme People’s Court decision to award Rmb9.4 million in damages for patent infringement is another example of the increased willingness of the Chinese judicial system to enforce IP rights. Full text
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19 Sep2018
Five significant recent cases from the Supreme People’s Court
The Supreme People’s Court has announced 2017’s top IP cases, which serve as an important guideline for future cases and demonstrate the courts’ flexibility in handling IP cases involving new technology. Full text
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8 Aug2018
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
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27 Jun2018
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
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13 Jun2018
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
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16 May2018
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
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9 May2018
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
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18 Apr2018
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
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4 Apr2018
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
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21 Mar2018
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
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7 Mar2018
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
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14 Feb2018
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
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7 Feb2018
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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4 Sep2017
Patenting strategies for R&D companies
China remains a research hub for domestic and foreign companies alike, with 1.3 million invention patent applications filed in 2016. However, the material changes in patent filing practice and procedures in China introduced by the 2008 revision of the patent laws have had a profound impact on filing strategies. Full text
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4 Sep2017
Protecting intellectual property online
The primary challenge for most brand owners in China is the prevalence of counterfeit goods on Chinese e-commerce sites. The most popular of these have efficient complaint filing systems and rights holders are advised to learn how to use these mechanisms effectively. However, certain smaller sites have limited IP protection procedures in place, so a different approach is needed. Full text
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12 Jul2017
Registering 3D trademarks for product designs
Obtaining three-dimensional (3D) trademark registration in Hong Kong through use has generally proved to be a difficult task. Brand owners are often unable to provide evidence to show that the general public can recognise the shape of the 3D trademark as the badge of origin for its designated goods. Full text
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12 Apr2017
Product-by-process claims
If the exact molecular structure and mechanisms of a drug pharmacology are not known at the time of patent application, the product can be described using process methodology, also known as 'product by process'. Full text
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5 Apr2017
Hong Kong adopts 11th Edition of the International (Nice) Classification
The Hong Kong Trademark Registry has now adopted the 11th Edition of the International (Nice) Classification for the specification of goods and services. Full text
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29 Mar2017
Cautionary tale involving letters of undertaking: Gap’s woes in Hong Kong
In a recent copyright infringement claim brought by Morn Creations Limited (MCL) against Gap Limited, the Hong Kong High Court examined the proper relief in copyright infringement cases where liability has been established. Full text
