News & Insight｜Publications｜Vivien Chan & Co.｜Law Firm｜Hong Kong

Issue: 2023-05

Myanmar Updates – Dawn of “Grand Opening” for Trademark Registration and Important Deadlines to Observe

After years of preparation and eager anticipation, the “Grand Opening” of the Myanmar New Trademark Law has finally commenced on April 26, 2023...
Issue: 2023-04

China’s Top 10 Trademark Developments

Proposed Overhaul of the PRC Trademark Law: The China National Intellectual Property Administration (CNIPA) published its draft for the 5th amendment to the Chinese Trademark Law in January 2023...
Issue: 2023-03

Important China Data Privacy Law Update: The Publication of the Finalized Standard Contract for Outbound Transfer from China

Protection of personal information and specifically, in the context of transferring the same out from China is one of the hottest issues in the field of data law. This is almost relevant to all foreign companies conducting business in China...
Issue: 2023-02

New Proposed Draft Chinese Trademark Law: Use Requirements, Compulsory Transfer of Bad Faith Trademarks and More!

The China National Intellectual Property Administration (CNIPA) kick-started 2023 by publishing its draft for the 5th amendment to the Chinese Trademark Law (the “Draft Amendnent”) on 13th January 2023...
Issue: 2023-01

2022 in Review: Our Top 5 Successful IP Cases

To kick start 2023, we have gathered our firm’s top 5 intellectual property cases in 2022, and we would like to share with you our successful cases and the hottest issues in the previous year.
Issue: 11-2022

New Development in Combating Trademark Squatting in China: Taking the Squatters to Court for Bad Faith Filings

VCC Newsletter 11-2022: Bad faith filings have always caused disruption to the business plans of brand owners, and traditionally, brand owners may only try removing the same by administrative actions or even buying back...
Issue: 10-2022

Our Cross-Border Game Plan to Dispel False Impressions

Shadow companies are companies with company names incorporating or confusingly similar to trademarks or brand names of others, neither with the authorization of nor being in any way connected to the trademark or brand name owners...
Issue: 09-2022

Crossing the Boundaries between Chinese Trademark Classes and Sub-Classes

In China, goods and services in different classes and sub-classes* are considered dissimilar, subject to limited exceptions specified in the classification book...
Issue: 08-2022

Corporate Employers Beware: Potential Liabilities arising from Joint Employment

Joint employment relationship may arise when there is a use of services provided by an employee between parent and subsidiary companies, affiliated companies, or other forms of connected companies...
Issue: 07-2022

China Update: Bona Fide Principle to Take a Significant Role in the Examination of Original Equipment Manufacturers (OEM) Infringement Cases

Original equipment manufacturers (OEM) processing in China's trademark infringement cases has always been a source controversy and confusion...
Issue: 06-2022

Our 10-Minute Read for Hong Kong Employment Updates

Hong Kong’s battle against COVID continues and employers are facing challenges presented by the unclearly defined laws for the unprecedented situations – e.g. whether employers may dismiss employees on the ground of COVID infection?
Issue: 05-2022

China’s Top 10 Trademark Developments

The China National Intellectual Property Administration (CNIPA) published the new Guidelines for Trademark Examination and Trial (the “Guidelines”) with effect from January 1, 2022...
Issue: 04-2022

Latest China Enforcement Trends & Must-Have Strategies 2022

Although the global pandemic has significantly impacted businesses around the world, it has expedited the development of the e-commerce market and facilitated the digital transformation of brands...
Issue: 03-2022

Piercing through the draft amendments to the PRC Company Law from perspective of foreign investor

The National People’s Congress of China has made substantive changes to the current PRC Company Law (2018 version) in the draft Amendment to the Company Law (“Draft Amendment”) published for public consultation on 24 December 2021...
Issue: 02-2022

Latest Chinese Trademark Battle: Lessons to Learn from MUJI’s Loss in Commercial Defamation Case

In this article, we will update you the latest development of this long-haul trademark battle and lessons to be learned for foreign brand owners to avoid such pitfalls when doing business in China...
Issue: 01-2022

Drilling Down into the New China Trademark Examination Guidelines

The China National Intellectual Property Administration (CNIPA) published the new Guidelines for Trademark Examination and Trial on November 22, 2021 with effect from January 1, 2022. The Guidelines bridge the gaps between the previous edition and the ame
Issue: 11-2021

China’s Top 10 Trademark Developments

I. CONTINUED AND INCREASING EFFORT IN TACKLING TRADEMARK SQUATTING Following the amendment of the Trademark Law in 2019, the China National Intellectual Property Administration’s (“CNIPA”) took the initiative to reject over 10,000 trademark application
Issue: 09-2021

The New Personal Information Protection Law in China

After rounds of public consultation on the draft laws, the Personal Information Protection Law (PIPL) has finally been officially passed by the Chinese legislature on 20 August 2021...
Issue: 08-2021

The Amended Law on Administrative Penalty and Related Customs Provisions Further Strengthen Customs Enforcement in China

Customs enforcement in China has been an effective way for foreign brand owners to stop counterfeit shipments...

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