The Hong Kong Designs Registry has recently announced a reduction in official fees relating to design registration and post-registration services. The reduction of fees is one of the initiatives outlined in the Chief...more
Hong Kong Copyright (Amendment) Ordinance was gazetted on 16 December 2022 and introduces important updates to the copyright regime in Hong Kong. The long-awaited update to the Hong Kong copyright regime has crystallised in...more
Whilst on the face of it a recent Hong Kong court decision was about copyright ownership in an online game, the decision in Emagist Entertainment Ltd v Nether Games (Hong Kong) Ltd [2022] HKCFI 899 raises a host of other...more
The Hong Kong Government published a public consultation paper on 24 November 2021 on updating Hong Kong’s copyright law. The main purpose of this consultation is to revisit certain proposed amendments under the previous...more
On 11 November 2020, China's National People's Congress adopted an amended version of the Copyright Law, which will take effect on 1 June 2021. This is the first comprehensive revision of the Copyright Law since 2001, and the...more
Mobile applications are becoming indispensable in our daily lives and businesses. There are many ways to monetize a game app – through showing ads, offering free trials, income from in-app purchases etc. Unfortunately, there...more
China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other...more
8/19/2019
/ Antitrust Provisions ,
China ,
Competition ,
Cross-Border Transactions ,
Cybersecurity ,
Data Protection ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Infrastructure ,
Intellectual Property Protection ,
Market Access Rule ,
Telecommunications ,
Variable Interest Entities
Recently, the Chinese Patent Reexamination Board (PRB) published a written decision where patentee Chen He’s Electric Unicycle patent (CN102275621B) was invalidated based, partly, on a failure to establish sufficient domestic...more
Previously, under the CNNIC ccTLD Dispute Resolution Policy (CNDRP) which governs the .CN domain in China, no complaints under CNDRP could be filed against a .CN domain which had been registered for more than 2 years....more
Previously, under the CNNIC ccTLD Dispute Resolution Policy (CNDRP) which governs the .CN domain in China, no complaints under CNDRP could be filed against a .CN domain which had been registered for more than 2 years....more
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
In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound...more
China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes”. ...more
3/4/2019
/ Arbitration ,
China ,
Design Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Irreparable Harm ,
Jurisdiction ,
License Agreements ,
Litigation Strategies ,
Preliminary Injunctions ,
Supreme People's Court of China
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 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
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
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
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