On 27 March, Partner Eugene Low and Associate Arthur Ng from our Hong Kong office gave a presentation on e-sports at a reception event organized by the Association of Corporate Counsel, Hong Kong. ...more
3/28/2018
/ Brand ,
Copyright ,
Design Patent ,
Digital Media ,
eSports ,
Gaming ,
Intellectual Property Protection ,
Merchandising Rights ,
Online Gaming ,
Product Exclusivity ,
Sports
Following our recent Q&A on copyright registration in China, we now turn to Vietnam where there is also a voluntary copyright registration system....more
While not compulsory, getting a copyright registration in China can offer many benefits to IP owners. This article will give an overview of the copyright registration system in China. Copyright registration is also available...more
On 28 December 2017, the District Court of Hong Kong handed down sentences varying from 21 to 27 months’ imprisonment against 3 individuals who took part in a scheme that enabled users of the “Maige Set Top Box” (the “Maige...more
On 7 November 2017, the Standing Committee of the National People’s Congress (“NPC“) published the second draft of the E-commerce Law, “Draft“). The goal of the Draft is to regulate China’s burgeoning e-commerce sector, and...more
12/22/2017
/ Administration for Industry and Commerce (AIC) ,
China ,
Comment Period ,
Cybersecurity ,
Data Protection ,
Dispute Resolution ,
E-Commerce ,
False Advertising ,
Intellectual Property Protection ,
Internet Retailers ,
Licensing Rules ,
Proposed Legislation ,
Registration Requirement ,
Retail Market
In China, trade dress protection provides exclusive rights over a certain product get-up that acts as an indicator of origin. In order to qualify for protection, a trade dress must have a unique quality, rather than being...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
China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully...more
China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword...more
8/7/2017
/ China ,
Copyright ,
Copyright Infringement ,
E-Commerce ,
Film Industry ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Mobile Apps ,
Music Industry ,
Online Platforms ,
Piracy ,
Social Networks
On 12 May 2017, the Chinese Food and Drug Administration (the “CFDA”) issued several draft policies aimed at overhauling of the current regulations governing the Chinese pharma and medical device sector (the “Draft...more
The Beijing Haidian District People’s Court has recently heard a case in which a domain name registrant requested the court to declare its domain name registration contracts invalid. In this somewhat unusual case, the court...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
Unlike the Uniform Domain Name Dispute Resolution Policy (UDRP), the CNNIC ccTLD Dispute Resolution Policy (CNDRP) – the dispute resolution policy governing the .CN domain in China – sets a time bar which stipulates that no...more
The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China”. This case is high-profile and interesting, because it involves...more
Vietnam has seen a rapid surge in internet use, having one of the highest rates of increase of annual Internet users in the world. According to the Vietnam Telecommunications Authority, 52% of the population (over 47.3...more
Founded as one of three specialised Chinese IP courts in 2014, the Beijing IP Court has just completed its second and most challenging year to date. According to a recent report, throughout 2016, the Court witnessed...more
Following the largely successful establishment of the specialized IP Courts in Beijing, Shanghai and Guangzhou, the Chinese Supreme People’s Court has recently also given the green light for the establishment of specialized...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
The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more
China Business Law Journal has recently announced its ‘Deals of the Year 2016’ recognizing cases that saw the most sophisticated efforts by legal counsel. And as a result our work for Tencent has been recognized as one of the...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