Did you know? After more than a decade of discussion, China finally published the 4th amendment to the Patent Law on 17 October 2020. The amendments will come into effect on 1 June 2021. LEARN MORE
Did you know? Almost a year ago, on 19 December 2019, the Hong Kong government introduced a new route for obtaining patents in Hong Kong. As a result, there are now three ways in which a patent may be obtained in Hong Kong: 1) registering a UK, European or Chinese patent; 2) filing a short-term patent; or 3) filing an original grant patent (OGP)LEARN MORE
Almost all industries are facing economic hurdles caused by the pandemic, yet challenges also bring opportunities. How to seize these opportunities is a new topic that companies will face during the post-COVID era. Our partners with in-depth knowledge in PRC and international markets will offer their insights into the market trends from a legal prospective, including Intellectual Property, Litigation & Arbitration, Investment Funds, Labour & Employment. Click "LEARN MORE" to register the event and join us virtually!LEARN MORE
Deacons will be participating in the Business of IP Asia Forum (BIP Asia), which will take place online on 3 and 4 December 2020. Jointly organised by the HKSAR Government, Hong Kong Trade Development Council and Hong Kong Design Centre, BIP Asia Forum brings IP professionals and business leaders from all over the world to discuss the latest developments in the IP world, and to explore business collaboration opportunities. Click "LEARN MORE" to register the event and join us virtually!LEARN MORE
Introduction In our previous articles, we have discussed the remarkable transformation of the personal information protection legal regime in China since the introduction of the PRC Cybersecurity Law and administrative guidelines such as the National Standard “Information Security Technology – Personal Information Security Specification” (信息安全技术-个人信息安全规范) (“PIS National Standard”). Enforcement actions have become regular headlines in the local news. As the public becomes more sensitive to protecting their personal information and privacy rights, an increasing number of civil law suits have been brought, allowing the Chinese Courts to explain the key personal information protection principles and practices.LEARN MORE
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 Chongqing 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
