09.03.2024 | Criminal Liability for Infringement of Intellectual Property Rights in Hong Kong
1 Engaging in activities that violate the following two intellectual property rights in Hong Kong carries both civil and criminal consequences: Copyright infringement (as stipulated in Section 108 of the Copyright Ordinance, Cap. 528) Infringement of registered trademarks (as stipulated in Section 9 of the Trade Descriptions Ordinance, Cap 362) 2 The department entrusted with the task of conducting criminal investigations and prosecuting infringements of intellectual property rights in Hong Kong is the “Hong Kong Customs and Exercise Department” (HKCED).... MORE
29.02.2024 | Is It Legal To Sell Parallel Imports In Hong Kong?
1 Like the majority of the common law countries, the sale of parallel imports in Hong Kong is predominantly legal. In other words, a businessman should be able to sell parallel imports in Hong Kong freely without restriction by the law. This is the case, though parallel importers should still pay attention to intellectual property rights and avoid violating the following laws during the sale of parallel imports: – Copyright Ordinance – Chapter 528 Trade Marks Ordinance – Chapter 559... MORE
29.01.2024 | Suing Former Employee for Breach of Confidentiality
In Hong Kong, intellectual property rights can be divided into the following 6 categories: – Trademark; Patent; Design rights; Copyright; Passing off; and Right to Confidential Information. The above 1, 2 and 3 require registration before they can be obtained, on the contrary, articles 4, 5 and 6 do not require registration, but only require the owner to provide the required evidence to own the right and (if necessary) sue the infringer. For example, if the owner can preserve and... MORE
13.04.2023 | Is Trademark Statement Not Dedicated in Taiwan?
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... MORE
13.04.2023 | 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
13.04.2023 | The value of a trademark lies in its use. What are the precautions when providing evidence of trademark use?
The value of a trademark lies in its use. What are the precautions when providing evidence of trademark use? 1. Whether a trademark that has been successfully registered can be revoked? The answer is YES. According to Article 49 of the Trademark Law of the People’s Republic of China, Where a registered trademark is becoming a generic name in a category of approved goods, and the mark has not been used for a period greater than three years without any... MORE
08.02.2023 | Hong Kong – Customs combat cross boundary transshipment
Hong Kong – Customs combat cross boundary transshipment Hong Kong Customs conducted an operation between 26 April and 9 May and combat cross-boundary transshipment and seized about 80,000 items of suspected counterfeit goods, including watches, mobile phone accessories, sunglasses and fashion accessories with an estimated market value of over HK$2.2M (US$290k). Investigation is ongoing. Importing counterfeit goods is a serious crime in Hong Kong. The maximum penalty is imprisonment for 5 years.
08.02.2023 | Filing Basis for Trademark Application
Filing Basis for Trademark Application In Taiwan, there is no so-called filing basis for trademark application. However, when you need to file a trademark application in the United States, the application case in Taiwan would be crucial. Practical execution and opinions with regards to filing bases are as follows. There are multiple filing bases on trademark application in the United States. For example, “intent-to-use”, “used-in commerce”, and “foreign registration”. Among them, you must provide a certificate of use in the... MORE
08.02.2023 | When will a trademark be invalidated?
When will a trademark be invalidated? Registered trademarks may be rejected and revoked. These procedures are familiar in the current trademark registration and use process. But what exactly is invalidation of trademark? In China, what does it mean to obtain a trademark registration certificate, and get it declared invalid later? It seems self-contradictory for the state to declare the trademark invalid after approving it. This article explains the reasons behind. 1. The Trademark Law stipulates: “Where a trademark registration violates... MORE
10.12.2022 | Cancellation of Trade Mark Registration
Cancellation of Trade Mark Registration In Hong Kong, cancellation proceedings can be commenced either before the Registrar of Trade Marks or through the High Court. If proceedings are taken before the Registrar, the steps involved are similar to those relating to a trade mark opposition. Each side has the opportunity to submit evidence in support of their case, the matter then going to formal hearing before a senior Registrar of the Registry who will finally issue a written decision to... MORE
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