The latest intellectual property news and articles by Benny Kong & Tsai — trademark, patent, copyright, design and litigation practice, updated monthly. Subscribe to our newsletter.
Records of the Customs’ protection of intellectual property right and case handling procedures
Recordation of the Customs’ protection of intellectual property right is established under the system of Customs’ protection of intellectual property right in the “Regulations of the People’s Republic of China on the Customs Protection of Intellectual Property”. Whether it is a trademark right, or a patent right or a copyright, the right holder can apply to the General Administration of China Customs for record for his intellectual property rights. The existing system of Customs’ protection of intellectual property right in... Read more: Records of the Customs’ protection of intellectual property right and case handling procedures
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... Read more: Possibility of Having 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. ... Read more: The Burden of Proof of Adverse Possession
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... Read more: Implications of Combination Technique in Invalidity of Design Patent
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,... Read more: Certificate of Trademark Registration
Amendment of Trademark applications and Registrations in Hong Kong2
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... Read more: Amendment of Trademark applications and Registrations in Hong Kong2
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
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... Read more: China : Distinctions between registration of black and white trademark, and colour trademark
