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Opening the door for product placement in Hong Kong?

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

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

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 launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

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

An expensive omission?

On 25 July 2017, a travel agency in Hong Kong and its deputy operations manager were convicted of the offence of "misleading omissions" under the Trade Descriptions Ordinance ("TDO"). They were found to have omitted telling...more

Major IP reforms foreshadowed in China’s Pharma sector

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

Cold calls in hot water: Hong Kong consultation paper on P2P telemarketing

Businesses may often use peer-to-peer ("P2P") telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be...more

China: Cybersquatter asks Chinese court to declare its own domain names invalid

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

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

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

A step in the right direction: China’s TRAB launches new trademark review hearing system

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

Time to re-visit the 2-year time bar in a .CN complaint?

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

TMT China Brief - Winter/Spring 2017

Welcome to this edition of our bi-annual TMT China Brief! This edition features a total of 15 articles which capture the significant TMT developments in Greater China in the Winter/Spring 2017. These developments cover an...more

China: Whose voice is it? – The arbitral award is out… but the case is not concluded…

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: New rules for resolving .VN disputes

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

Beijing IP Court celebrates 2nd anniversary amidst praise for its professionalism, expertise regarding foreign litigation and...

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

New specialized IP Tribunals unveiled in economic powerhouses Wuhan, Nanjing, Suzhou and Chengdu

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

Every cent counts: China slashes certain IP application fees

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

"Swiss" certification mark opposition - Hong Kong court finds actual use likely to confuse

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

Beijing IP Court grants record patent damages & reimbursement of lawyers’ fees

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

A Top 10 Dispute in China

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

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