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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

21.06.2020 | A series on the characteristics of South Korea Design Patent System

A series on the characteristics of South Korea Design Patent System Introduction to Korea Examination System Design patent law of South Korea was legislated independently and was first enacted in 1961. During the past 50 years, the law was amended on several occasions in order to adapt to the rapid development of the country’s design industry and meet the diverse needs of applicants. It gradually formed its own characteristics. South Korea adopts one of the two modes of examination –... MORE

15.06.2020 | The Lovely Peppa Pig Has Received Favorable Treatment in Trademark Protection in China

In recent years, due to the rapid development of international economic and cultural exchanges, the regionality of intellectual property rights has been unprecedentedly impacted, and the protection of intellectual property rights has become increasingly international. The protection of foreign-related intellectual property rights has in particular become the core issue of international trade with China. Before 2015, when Peppa Pig entered the Chinese market, China already had some infringing trademark applications. And subsequently, when Peppa Pig has become more and more... MORE

08.06.2020 | Restoration of Removed Trademark Registrations in Hong Kong

If the owner of the trademark registration fails to pay the Hong Kong trademark renewal fee within the normal period, late renewal within 6 months after expiry is still possible on the payment of a late renewal fee. Failure to renew within 6 months after expiry results in the mark being removed from the register. A request for restoration and renewal must be made and the applicable fee for restoration and renewal paid within 6 months after the date of... MORE

18.05.2020 | Taiwan : Preparation for trademark application paperwork

Preparation for trademark application paperwork According to the provisions of the Taiwan trademark application, the necessary documents for the trademark application are as follows: 1. Trademark to be applied for: for application on paper, five trademark printouts shall be provided. For online application, the trademark design shall be in the form of a jpg file with an image quality higher than 300dpi. 2. Applicant Information: For company applicant, the company name, unified code, name and address of the representative shall... MORE

10.05.2020 | Opposition to Hong Kong Trademark Application

Oppositions should be filed within 3 months beginning from the date of publication of the trade mark application in the Hong Kong Trademark Official Journal (if an application is published on 1 March, the deadline to oppose will fall on 31 May). The deadline is extendable once only for a period of 2 months subject to the discretion of the authority. The grounds on which opposition can be lodged An application may be opposed on “absolute grounds” or “relative grounds”.... MORE

10.05.2020 | (Part3) Litigation manual for intellectual property cases involving E-commerce platform

Wrongful notice and malicious notice “Wrongful notice: refers to an act of issuing a wrongful notice that causes damage to the person noticed against. The judiciary or the executive has the final power of declaring the act committed by the person issued as non-infringing. Thus, it amounts to a wrongful notice of the issuer. The person issued against may have an action in tort against the issuer on the basis of the wrongful notice. “Malicious notice” refers to the act... MORE

10.05.2020 | (Part2) Litigation Manual for intellectual property cases involving an E-commerce platform (Part 2)

Liability of the E-commerce platform E-commerce platform operator is liable for infringement of intellectual property committed by any person who conducts business on his platform. The subjective elements include knowledge or constructive knowledge. If the E-commerce platform operator knows or ought to know of the infringement behaviours on the platform and does not make timely necessary measures, despite the failure of the right owner to issue notice, the platform operator and the direct infringer shall be joint and severally liable... MORE

10.05.2020 | (Part1) Litigation manual for intellectual property cases involving an E-commerce platform (Part 1)

Basic principles When trying intellectual property cases involving an E-commerce platform, one shall not only persist in the basic value of strict protection, but also properly manage the relationship between the intellectual property owner, E-commerce platform operator, online store owner and public interest. And thus, a good balance between the interests of different parties can be maintained. Following the principle of “powers commensurate with responsibilities”, online platform owner’s autonomy should be respected and, the limitations on the behaviours and liability... MORE

04.05.2020 | Filing Basis-Statement of Use in Hong Kong

In Hong Kong, a trademark can be registered if it is already in use or if there is an intention to use the trademark in commerce in Hong Kong. However, if a registered trademark is not used for a continuous period of more than 3 years, if may be revoked on the grounds of non-use. In other words, actual use of trademark in Hong Kong prior to the filing date of trademark application is not a prerequisite filing requirement in... MORE

Benny Kong & Tsai, Solicitors

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