Apr 19, 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
Apr 19, 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
Apr 19, 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
Apr 6, 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
Mar 9, 2020 | Certificate of Trademark Registration
A registered trademark refers to the exclusive right to use a trademark relative to the registered goods and services. Trademark Certificates provide preliminary proof of ownership. Others who use registered trademarks of others in business or commerce may be liable for trademark infringement. Legal action can be taken against them. A Hong Kong trademark registration certificate is issued to each registered trademark upon granting the registration. While an official duplication of the trademark certificate is not available for whatever reason,... MORE
Mar 2, 2020 | Amendment of Trademark applications and Registrations in Hong Kong
Amendment of Trademark applications Soon after submitting an application for trademark registration, the representation of the trademark and its particular information are entered into the official database and can be searched online. It is crucial for the applicant to accurately list out what are applying for in the application form so that the data can then be accurately entered into the database. Amendments are only allowed in very limited circumstances. The idea is that, from the date when the application... MORE
Feb 24, 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 some owners... MORE
Feb 17, 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. One crucial... MORE
Jan 19, 2020 | 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... MORE
Nov 28, 2019 | China : Distinctions between registration of black and white trademark, and colour trademark
Distinctions between registration of black and white trademark, and colour trademark Many companies add colours to the design when registering trademark. Companies which make trademark application for the first time may be even more concerned about the problem with the colouring of trademark. “What colour should we use for the trademark?” I, as the editor, feel their anxiety when they are struggling with the problem of colouring of the trademark. Today, let’s talk about the issue – whether it is... MORE
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