18 May 2020 | Taiwan : Preparation for trademark application paperwork
Preparation for trademark application paperwork According to the provisions of the Taiwan trademark application, the necessary documents for the trademark application are as follows: 1. Trademark to be applied for: for application on paper, five trademark printouts shall be provided. For online application, the trademark design shall be in the form of a jpg file with an image quality higher than 300dpi. 2. Applicant Information: For company applicant, the company name, unified code, name and address of the representative shall... MORE
10 May 2020 | Opposition to Hong Kong Trademark Application
Oppositions should be filed within 3 months beginning from the date of publication of the trade mark application in the Hong Kong Trademark Official Journal (if an application is published on 1 March, the deadline to oppose will fall on 31 May). The deadline is extendable once only for a period of 2 months subject to the discretion of the authority. The grounds on which opposition can be lodged An application may be opposed on “absolute grounds” or “relative grounds”.... MORE
10 May 2020 | (Part3) Litigation manual for intellectual property cases involving E-commerce platform
Wrongful notice and malicious notice “Wrongful notice: refers to an act of issuing a wrongful notice that causes damage to the person noticed against. The judiciary or the executive has the final power of declaring the act committed by the person issued as non-infringing. Thus, it amounts to a wrongful notice of the issuer. The person issued against may have an action in tort against the issuer on the basis of the wrongful notice. “Malicious notice” refers to the act... MORE
10 May 2020 | (Part2) Litigation Manual for intellectual property cases involving an E-commerce platform (Part 2)
Liability of the E-commerce platform E-commerce platform operator is liable for infringement of intellectual property committed by any person who conducts business on his platform. The subjective elements include knowledge or constructive knowledge. If the E-commerce platform operator knows or ought to know of the infringement behaviours on the platform and does not make timely necessary measures, despite the failure of the right owner to issue notice, the platform operator and the direct infringer shall be joint and severally liable... MORE
10 May 2020 | (Part1) Litigation manual for intellectual property cases involving an E-commerce platform (Part 1)
Basic principles When trying intellectual property cases involving an E-commerce platform, one shall not only persist in the basic value of strict protection, but also properly manage the relationship between the intellectual property owner, E-commerce platform operator, online store owner and public interest. And thus, a good balance between the interests of different parties can be maintained. Following the principle of “powers commensurate with responsibilities”, online platform owner’s autonomy should be respected and, the limitations on the behaviours and liability... MORE
4 May 2020 | Filing Basis-Statement of Use in Hong Kong
In Hong Kong, a trademark can be registered if it is already in use or if there is an intention to use the trademark in commerce in Hong Kong. However, if a registered trademark is not used for a continuous period of more than 3 years, if may be revoked on the grounds of non-use. In other words, actual use of trademark in Hong Kong prior to the filing date of trademark application is not a prerequisite filing requirement in... MORE
1 May 2020 | Nature of Adverse Possession Claim
Many people perceive that adverse possession claim is merely a registration procedure for the Land Registry (commonly known as “填土廳”). Also, there are many people think that in terms of private land, as long as the land has been occupied over 12 years, the occupier can simply apply for adverse possession and obtain the ownership of the land according to the procedure, which means, the land will be transferred to the occupier’s name. Adverse possession is a formal lawsuit, it... MORE
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