Hong Kong eNewsletter

             

29.07.2021 | HONG KONG : New Doxxing offence

HONG KONG : New Doxxing offence After the government discussion paper to combat doxxing acts was published over a year ago, the Personal Data (Privacy) (Amendment) Bill 2021 was gazetted on 16 July 2021 and is expected to be enacted by end of 2021. The Bill provides new provisions to combat doxing acts by regulating them criminal offences though nowhere in the Bill have mentioned the word “doxxing”. The new provisions read as follows- “A person commits an offence if... MORE

24.06.2021 | Michelin Sues Hong Kong Company for Trademark Infringement

Michelin Sues Hong Kong Company for Trademark Infringement Michelin, the French-based Company behind the internationally-renowned restaurant ratings guide, namely “Compagnie Générale des Etablissements Michelin”, recently filed a law suit against a Hong Kong company operating business via an online platform, for trademark infringement and passing-off, seeking damages and injunctive relief. The French-based company is the owner of registered trademarks for various “Michelin” and “米芝蓮”(Chinese transliteration of “Michelin”) and related trademarks in Hong Kong. It has accused the Hong Kong company... MORE

25.05.2021 | Hong Kong : Court refused to allow Appellant to adduce new evidence on appeal after having lost the trademark opposition

The trademark laws in Hong Kong provide that the court shall have power to receive further evidence on questions of fact, and the evidence may be given in such manner as the court may direct. The following factors are relevant when determining whether to admit new evidence on appeal: (a) Whether the evidence could have been filed earlier and if so, how much earlier; (b) If it could have been, what explanation for the late filing has been offered to... MORE

01.03.2021 | Hong Kong : A new direction to penalize China copycats in Hong Kong – criminal offence of money laundering

Hong Kong : A new direction to penalize China copycats in Hong Kong – criminal offence of money laundering Hong Kong Customs has recently laid criminal charges against China suppliers exporting counterfeits for the generally called “money laundering” offences. It shall involve two important elements to entitle the Hong Kong Customs to prosecute the offenders. 1. A bank account in Hong Kong which received the sale proceeds of the counterfeits from overseas buyers. 2. Conviction of a buyer in overseas... MORE

03.07.2020 | Hong Kong : The renowned apparel and household products Brand “MUJI” has encountered setback in a recent law suit in China

Japanese retailer MUJI has lost an appeal against a Chinese court ruling that ruled that the company violated trademark rights owned by a Chinese company. Japanese retailer Ryohin Keikaku (commonly known as “MUJI”) was established in Japan in 1980. It entered the Chinese market in 2005 and opened its first store in Shanghai. Muji then applied for the registration of its internationally renowned brand name “MUJI” in block Roman alphabet letters and a local trademark, “Mujirushi Ryohin”, in four Chinese... MORE

02.07.2020 | Hong Kong : The Luxury Brand “Chanel” has encountered setback in a recent infringement action in China

The luxury Brand Chanel Co., Ltd (“Chanel”) has failed a recent trademark infringement action in respect of its “Double C” logo in China. The story began in a raid action carried out in China in 2016, whereas several items of suspected infringing products were seized from a local jewellery store by the Guangzhou Administration for Industry and Commerce (Guangzhou AIC), which have allegedly incorporated the shape of the “Double C” logo. Thereafter, Guangzhou AIC issued a punishment order against the... MORE

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