Latest IP Articles 2020 | Benny Kong & Tsai

Intellectual property law articles of 2020 by Benny Kong & Tsai — trademark, patent, copyright, design and litigation practice, updated monthly. Subscribe to our newsletter for updates.

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 some owners... Read more: Can Public Area Within The Building Be Possessed By Adverse Possession?

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. One crucial... Read more: The Burden of Proof of Adverse Possession

Taiwan : Voluntary amendments of trademark applications/registrations

Voluntary amendments of trademark applications/registrations In Taiwan, applicants must provide very accurate and precise details when filing a trademark application, including the colour of the trademark, the product items, the applicant and the representation etc. The main reason behind is that the colour of the trademark and the product items are not open to amendment after filing the application. This is to maintain the fairness of the market. If everyone is allowed to amendment the content of the trademark after... Read more: Taiwan : Voluntary amendments of trademark applications/registrations

Benny Kong & Tsai, Solicitors