The Madrid Protocol is finally on its way

09 September 2020 By Emmy Chow, Loretta Lau

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

China announced the 2020 Negative Lists for Foreign Investment Access

13 July 2020 By Myles Seto, Sean Wang

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 The 2019 National Negative List and the 2019 FTZ Negative List (2019 Negative Lists) will be repealed on that same day.LEARN MORE

OMG! Has China’s Supreme Court reversed its position on OEM trademark infringement? The implications of the HONDAKIT case

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

Hong Kong: Trademark Practice - Small changes, big differences

20 May 2020 By Benjamin Choi, Loretta Lau

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

Reform to Hong Kong’s data protection law finally on the horizon. Watch this space!

21 April 2020 By Charmaine Koo, Amy Chung

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

China tightens protection of personal information – what you need to know about the 2020 Chinese Personal Information National Standard

08 May 2019 By Dora Si, Andy Yu

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

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