The retail and fashion industries may be transforming at a rapid pace, but the Hogan Lovells Retail and Fashion Group will make sure you are on-trend. ...more
1/24/2019
/ 3D Printing ,
Advertising ,
Analytics ,
Class Action ,
Data Privacy ,
E-Commerce ,
EU ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Geo-Blocking ,
Health Claims ,
Intellectual Property Protection ,
Internet Retailers ,
Licensing Rights ,
Natural Products ,
Organic ,
Retail Market ,
Retailers ,
Subscription Services ,
TCPA
On 5 December 2018, the latest draft of the Chinese Patent Law was presented to China’s State Council (i.e. the executive body of China’s central government) during a meeting chaired by Premier Li Keqiang (see here for a...more
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
While traditionally resolved through litigation, parties are now increasingly referring their disputes concerning an intellectual property right (IPR) to arbitration, especially in cases where there is a cross border element....more
In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January...more
9/24/2018
/ Antitrust Provisions ,
Business Licenses ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Cybersecurity ,
Data Protection ,
E-Commerce ,
Intellectual Property Protection ,
Internet Retailers ,
Internet Taxation ,
New Legislation ,
Online Advertisements ,
Online Platforms ,
Popular ,
Retail Market ,
Risk Mitigation ,
Sales Tax ,
Taxation ,
Website Owner Liability ,
Websites
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
In the latest cartel case before the Competition Tribunal, the Hong Kong Competition Commission (HKCC) has, for the first time, brought direct action against individuals and sought pecuniary penalties from them. ...more
In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration....more
1. Arbitration (Amendment) Ordinance 2017 -
1.1 In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual...more
The Communications Authority ("CA") recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes ("TV programmes") and to lift bans on...more
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
In a recent decision, a Chinese court imposed a fine lower than the statutory range under the Advertising Law of the People’s Republic of China (as amended in 2015) (“Advertising Law“)....more
Cybersecurity in China remains a hot topic. The Cyber Security Law is already in place but the question is how this law is going to be interpreted and implemented. In this edition, we will look at various draft/trial measures...more
6/14/2018
/ China ,
Cloud Computing ,
Cryptography ,
Cybersecurity ,
Do Not Call List ,
E-Commerce ,
Foreign Investment ,
gTLD ,
Huawei ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Joint Venture ,
Network Security ,
p2p ,
Patent Litigation ,
Samsung ,
Sharing Economy ,
Trading Platforms
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 April 2018, the Consumer Council (Council) published A Report to Advocate Mandatory Cooling-off Period in Hong Kong (Report). The Report signifies the Council's renewed effort in advocating for a mandatory cooling-off...more
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
Since November 2014, when the first IP courts were set up in Beijing, Shanghai and Guangzhou, China has been rapidly setting up new specialised IP tribunals throughout its vast hinterland. ...more
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 24 August 2017, the Chinese Ministry of Industry and Information Technology (“MIIT“) issued the final version of the Rules on the Administration of Internet Domain Names (“New Domain Name Rules“). These new Rules will come...more