News

Did you know? The new Trade Marks (Amendment) Ordinance 2020 which came into effect on 19 June 2020 empowers the Registrar of Trade Marks to make the rules for implementing the long-awaited Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Protocol”) in Hong Kong. The Intellectual Property Department plans to implement the international registration (“IR”) system under the Madrid Protocol in Hong Kong in 2022-2023.  LEARN MORE

On 23 June 2020, the Chinese government announced the Special Administrative Measures (Negative List) for Foreign Investment Access (2020 Edition) (2020 National Negative List) and the Special Administrative Measures (Negative List) for Foreign Investment Access in Pilot Free Trade Zones (2020 Edition) (2020 FTZ Negative List). The 2020 National Negative List and the 2020 FTZ Negative List (2020 Negative Lists) will come into force on 23 July 2020. The 2019 National Negative List and the 2019 FTZ Negative List (2019 Negative Lists) will be repealed on that same day.LEARN MORE

Foreign brand owners have often questioned whether they need a trademark registration in the PRC when engaging PRC factories for Original Equipment Manufacturing (OEM) activities. Previously, a pure OEM arrangement with proper authorisation from the owner of a trademark registration in the exporting country, would generally not be considered infringement of identical or similar PRC trademarks. However, in the recent judgment handed down in Honda Motor Company Ltd and Chonqing Hengsheng Xintai Trading Co Ltd. (the HONDAKIT case), the Supreme People’s Court (SPC) seems to have changed its position on whether branded products, produced through OEM in the PRC, but intended to be exported elsewhere for sale, constitutes trademark infringement. In light of the HONDAKIT case, brand owners may need to revisit the importance of securing trademark registrations in the PRC. LEARN MORE

Significant changes are expected to be introduced to the trademark law of Hong Kong to cater for the examination, acceptance and administration of the International Registration of marks under the Madrid System which is tentatively scheduled for launch in 2022/23. The Hong Kong Intellectual Property Department (IPD) is revamping the trademark law to align with international practices, after holding several industry consultations to gather opinions and recommendations.LEARN MORE

After many years of discussion, action to reform Hong Kong’s Personal Data (Privacy) Ordinance (“PDPO”) has been gaining momentum as the Hong Kong Government and the Privacy Commissioner (“Commissioner”) endeavour to update the PDPO in line with international standards and to address new challenges to data protection amidst the rapid development of information and communication technologies.LEARN MORE

We are delighted to announce that Deacons has been recognised by China Business Law Journal in the annual China Business Law Awards 2020 for the following seven categories: LEARN MORE

In 2017, the Chinese government implemented a nationwide system of special administrative measures for foreign investors’ access to the Chinese market (Negative List). In the same year, the Chinese government also released a catalogue of the encouraged industries for foreign investment (Catalogue of Encouraged Industries).LEARN MORE

Trademark squatters have been a protracted source of vexation for brand owners in China. The “first-to-file” system has often resulted in trademarks being awarded to first filers, regardless of use, or intent to use.LEARN MORE

In further tightening of the personal information protection regulatory regime in China, the State Administration for Market Supervision and the Standardization Administration of China have jointly issued a new version of the National Standard Personal Information Security Specification (“2020 PIS”) on 6 March 2020.LEARN MORE

On 1 November, we celebrated the 5th anniversary of our Intellectual Property Office with an exclusive cocktail party at the Beijing Hong Kong Jockey Club.LEARN MORE