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30.11.2021 | Consultation for updating the copyright regime

Hong Kong : Consultation for updating the copyright regime The Hong Kong government has on 24 November 2021 launched a 3-month public consultation period on updating Hong Kong’s copyright regime, proposing to reuse the previous bill shelved in 2016 as the basis and starting point. The key proposal cover the following 5 areas:- 1. Giving copyright owners a technology neutral exclusive communication right to communicate their works through electronic transmission; 2. Introducing criminal offences and sanctions against infringement of the... MORE

30.11.2021 | First court case for Drug Patent Linkage

China : First court case for Drug Patent Linkage The Japanese drug manufacturer Chugai Pharmaceutical sued a local China company for patent infringement at the IP court in Beijing, China, seeking to stay the government approval process for marketing a generic drug of the Eldecalcitol same effect. It is the first case after China regulating the Article 76 of the 4th Amendment of Patent Law effective 1 June 2021, whereby a “dual track” early resolution mechanism is implemented for resolving... MORE

30.11.2021 | There are a wide variety of trade mark classes, how should I choose?

There are a wide variety of trade mark classes, how should I choose? In Taiwan Trade Mark application, class 1 to class 34 belong to “goods”, class 35 to class 45 belong to “services”. Such information could be found in the Taiwan Intellectual Property Office Search System. Nonetheless, which classes are the ones you need the most or the closest to what you want? Firstly, as companies and enterprises who wish to apply trade mark or persons who want to... MORE

11.11.2021 | Specification of goods or services

For registration of a trade mark, there must be a specification of goods or services intended to be registered by the registrant, which delimits the registrant’s rights. Therefore, when it comes to the question of where there is infringement of such rights, the specification also serves a signpost. To maximize the registrant’s ability to sue for infringement, it is advisable for the registrant to make the specification as wide as possible. Note however that there are certain limitations within which... MORE

22.10.2021 | Hong Kong : Nu Pharm Ltd v Champ Group Ltd & Ors [2021] HKCFI 751 – an illustration as…

Hong Kong : Nu Pharm Ltd v Champ Group Ltd & Ors [2021] HKCFI 751 – an illustration as to how disputes over discovery of unredacted documents may properly be resolved. Nu Pharm is famous for selling a variety of food supplements and nutritional products. They sued the Defendants for trademark infringement and passing off for supplying medicinal and health products under a similar trademark. The parties made interim applications for specific discovery. One of the issues that the Court... MORE

22.10.2021 | China : Certificate for trademark registration in China in paper format will soon become history

China : Certificate for trademark registration in China in paper format will soon become history China Trademark Office announced that trade mark registration certificates will no longer be issued in paper format starting 1 January 2022. Electronic registration certificates will take the footstep. They will be issued via the Trademark Office’s official website. Benny Kong & Tsai © 2021 2011 @right

22.10.2021 | Is Trademark Statement Not Dedicated in Taiwan?

When applying for a trademark, it is often proposed by the trademark agent that a disclaimer of certain parts of the trademark in order to avoid the possibility of future correction or the Intellectual Property Office’s request to submit a reply to review opinion, or even to disapprove; however, what exactly is the disclaimer? What words need to be declared? According to Article 29(3) of the Trademark Law, ” Where the reproduction of a trademark contains an element which is... MORE

28.09.2021 | Trademark Infrigement

Trademark Infrigement Taiwan is known as the “Treasure Island”, and many foreign companies want to take the lead and enjoy a place in the Taiwanese Market. If your business flourishes in Taiwan, you are more advantageous in developing new markets in other regions. However, it may be the case that just when you decided to enter the Taiwanese market, you find that your trademark has already been registered in Taiwan by others. Dealing with this problem is a very important... MORE

28.09.2021 | Hong Kong – The wellknown mineral water brand VITTEL cannot stop the registration of the mark VITEV

Hong Kong – The wellknown mineral water brand VITTEL cannot stop the registration of the mark VITEV In an opposition, the trademark hearing officer held that the two marks are not confusingly similar though the goods under them respectively are same. The hearing officer further considered the goodwill of the VITTEL brand and confirmed that it is wellknown in Hong Kong. Having said that, the hearing officer held that despite the extent of goodwill enjoyed by VITTEL, in view of... MORE

28.09.2021 | Enterprise trademark strategy

Enterprise trademark strategy Six points to note for formulating your trademark registration strategy! Enterprises must act in a timely manner when it comes to formulating yourn trademark registration strategies. Otherwise, you may end up paying a heavy price for it! As convoluting as it may seem, all you have to know for a successful registration strategy are as follows! First, the priority is to always go for your current business areas when you are selecting the classes of goods and... MORE

Benny Kong & Tsai, Solicitors

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