On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more
5/7/2019
/ Amended Legislation ,
Anti-Competitive ,
Bad Faith ,
China ,
Competition ,
Infringement ,
Intellectual Property Protection ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court...more
11/9/2018
/ Administrative Proceedings ,
Appeals ,
Appellate Courts ,
China ,
Copyright ,
Infringement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jurisdiction ,
Patents ,
Supreme People's Court of China ,
Trademarks
According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. ...more
9/19/2018
/ China ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patents ,
SIPO ,
Trademark Infringement ,
Trademarks ,
Venue
China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more
6/28/2018
/ Beverage Manufacturers ,
China ,
Copyright ,
Copyright Infringement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jaguar ,
Markush Grouping ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Plant Patents ,
Supreme People's Court of China ,
Trade Dress ,
Trademark Infringement ,
Trademark Squatting ,
Trademarks ,
Unfair Competition
Trade mark owners worldwide should watch out for the long-awaited first modern Trademark Law in Myanmar – very likely to come into force anytime in the coming months. ...more
6/12/2018
/ First-to-File ,
Intellectual Property Protection ,
Legislative Agendas ,
Myanmar ,
Pending Legislation ,
Popular ,
Regulatory Oversight ,
Regulatory Requirements ,
Trademark Application ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more
The National Office of Intellectual Property in Vietnam (“NOIP”) has granted a significant number of trade mark registrations for 3D marks. Recently there are around 1-3 3D marks granted each month, but unfortunately there is...more
On 4 September 2017, the Communications Authority of Hong Kong (“CA“) announced that it will review the relevant provisions in the codes of practice governing indirect advertising and product/service sponsorship (commonly...more
OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more
Under the Chinese Trademark Law, the Trademark Review and Adjudication Board (“TRAB“) decides on review procedures filed against decisions by the Trademark Office. Up to date, these TRAB review procedures were strictly...more
The reduced or waived administrative fees will certainly be beneficial for enterprises active in China, particularly for smaller enterprises and start-ups, as well as for companies that intend to register trademarks for a...more
Hogan Lovells represented Federation of the Swiss Watch Industry FH (“Federation”) in a successful appeal against a decision of the Hong Kong Registrar of Trade Marks in an opposition involving the “Swiss” certification mark....more
While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex.
...more
1/13/2017
/ Aiding and Abetting ,
Broadband ,
China ,
Content Publishing ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Digital Services ,
DMCA ,
Domain Names ,
Film Industry ,
Hong Kong ,
Injunctions ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Internet Streaming ,
Music Industry ,
Online Platforms ,
Online Videos ,
Popular ,
Television Programming ,
Third-Party ,
Trademarks ,
UK ,
Websites