27 Apr 2020 | Brief introduction of GUI design patent protection
There are two kinds of views in relation to the object of the GUI design patent protection. One view says that the object of the GUI design patent protection shall be a product with a GUI design, and the other view says that the object of the GUI design patent protection shall be is the GUI design itself. Since the GUI design patent is one kind of the design patents, the GUI design patent must comply with the general provisions... MORE
20 Apr 2020 | Records of the Customs’ protection of intellectual property right and case handling procedures
Recordation of the Customs’ protection of intellectual property right is established under the system of Customs’ protection of intellectual property right in the “Regulations of the People’s Republic of China on the Customs Protection of Intellectual Property”. Whether it is a trademark right, or a patent right or a copyright, the right holder can apply to the General Administration of China Customs for record for his intellectual property rights. The existing system of Customs’ protection of intellectual property right in... MORE
19 Apr 2020 | Possibility of Having Adverse Possession
In Hong Kong, especially in New Territories, many lands have been abandoned. The reasons for that are the lands are remote and the economic utility is low. After the death of the owners of the previous generation, the descendants may not know the existence of the land. Most of the land is occupied by villagers nearby, such as farming or handling scrap vehicles. In many cases, after a long period of occupation, the court will order the occupier... MORE
19 Apr 2020 | The Burden of Proof of Adverse Possession
A claim of adverse possession can be very severe as it requires the court to transfer the ownership of the land from the original registered owner to the occupier after a long period of occupation. Since the claim will cause the loss of land ownership, the court will treat the claim in a serious manner. Despite the original owner shows no response or objection, the court requires a very high burden of proof to decide the subject matter. ... MORE
19 Apr 2020 | Can Public Area Within The Building Be Possessed By Adverse Possession?
Hong Kong’s land is expensive and the residential area is not big enough. Sometimes, the resident will occupy other places. This practice is common. These cases are everywhere when it comes to old multi-storey residential building. For example, a minor situation will be the owner put their shoes or other stuff in front of their own units for a long time. While for a severe case, the public corridor in front of their units will be barred by... MORE
6 Apr 2020 | Implications of Combination Technique in Invalidity of Design Patent
The second paragraph of Article 23 of the Patent Law of the People’s Republic of China stipulates: ” Any design for which patent right may be granted must not be identical with and simi1ar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict with any prior right of any other person.” However, the question whether... MORE
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