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LimeGreenIP News

Eugene Low

Posts by Eugene Low

Integrated IP Enforcement – A practical toolkit for Asia

The astonishing growth of Asian economies has led to companies in the region making enormous strides in commercialising and monetising their IP rights. However, the region presents unique risks and challenges in the protection of IP rights. In this context, we are delighted to announce the launch of our IP enforcement toolkit for Asia which we hope

China: Whose voice is it? – The arbitral award is out… but the case is not concluded…

The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China” – which we first discussed here. This case is high-profile and interesting, because it involves parallel arbitral and judicial procedures (including a rare preliminary injunction) about the ownership of the rights in

Vietnam: New rules for resolving .VN disputes

Vietnam has seen a rapid surge in internet use, having one of the highest rates of increase of annual Internet users in the world. According to the Vietnam Telecommunications Authority, 52% of the population (over 47.3 million people) are Internet users. .VN is the country-code Top Level Domain (ccTLD) for Vietnam. In terms of .VN

Beijing IP Court celebrates 2nd anniversary amidst praise for its professionalism, expertise regarding foreign litigation and higher damages for IP infringement

Founded as one of three specialised Chinese IP courts in 2014 (see here and here), the Beijing IP Court has just completed its second and most challenging year to date. According to a recent report, throughout 2016, the Court witnessed increasing amounts of high-tech cases, cases involving foreign entities, and cases in which enormous damage

New specialized IP Tribunals unveiled in economic powerhouses Wuhan, Nanjing, Suzhou and Chengdu.

Following the largely successful establishment of the specialized IP Courts in Beijing, Shanghai and Guangzhou (see our articles here and here), the Chinese Supreme People’s Court has recently also given the green light for the establishment of specialized IP tribunals in large inland cities Wuhan, Nanjing, Suzhou and Chengdu. It is hoped that the establishment

Every cent counts: China slashes certain IP application fees as of 1 April

Reduced filing fees finally come to China! On 15 March 2017, the National Development and Reform Commission and Ministry of Finance jointly issued a notice (财税 [2017] No.20, “Notice”) to reduce filing fees for various IP registrations.  The reduced fees came into force on 1 April 2017. The reduced or waived administrative fees will certainly be beneficial for

“Swiss” certification mark opposition – Hong Kong court finds actual use likely to confuse

Hogan Lovells represented Federation of the Swiss Watch Industry FH (“Federation”) in a successful appeal against a decision of the Hong Kong Registrar of Trade Marks in an opposition involving the “Swiss” certification mark[1]. Importantly, the Court’s decision confirms the public interest in ensuring that certification marks are given the necessary protection in Hong Kong.

A Top 10 Dispute in China

China Business Law Journal has recently announced its ‘Deals of the Year 2016’ recognizing cases that saw the most sophisticated efforts by legal counsel. And as a result our work for Tencent has been recognized as one of the Top 10 Dispute Deals of the Year and the only domain name case on the list.

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities (see our earlier report ), the picture in the United States, China and Hong Kong is more complex. “‘It is, it is a glorious thing, to be a Pirate King,’ said W.S. Gilbert: but he was speaking

China: President-Elect Trump winning trademark battles?

Background. President-elect Donald Trump has joined the ranks of celebrities such as Allen Iverson, Michael Jordan -and even James Bond (!)- in taking up the hatchet against China’s notorious trademark squatters. These trademark squatters typically use and abuse the first-to-file rule: i.e. the first person to file for a mark (and not use a mark,

Turning the clock back? Getting round the 2-year time bar in a .CN complaint

Unlike the Uniform Domain Name Dispute Resolution Policy (UDRP), the CNNIC ccTLD Dispute Resolution Policy (CNDRP) – the dispute resolution policy governing the “.cn” domain in China – sets a time bar which stipulates that no complaints concerning a “.cn” (or “.中国”) registration of over 2 years will be accepted. This time bar has in

China: Whose voice is it?

The Beijing IP Court recently issued a widely discussed preliminary injunction against Canxing (上海灿星文化传播有限公司) in a trademark dispute about the name of a famous TV program “the Voice of China”/”中国好声音”. In its first preliminary injunction since its establishment in December 2014, the Beijing IP Court ordered Canxing to immediately cease the use of the name

No place to hide in Chinese cyber space – new rules regulate online advertising

On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <互联网广告管理暂行办法>), which will come into effect

Setting the right example: China’s highest court selects its “top 10 significant IP cases of 2015”

China’s Supreme People’s Court (“SPC”) has recently published its list of top 10 IP cases for 2015. One of 2015’s top 10 cases (the Blizzard Entertainment preliminary injunction case, see number 8 below) was handled by Hogan Lovells, and the case on the merits is currently still pending. China’s highest court started its annual selection

Asia: Can’t grab a .taxi?

In a dispute before the Kuala Lumpur office of the Asian Domain Name Dispute Resolution Centre, the Panel allowed the transfer of the domain name <grab.taxi> to the Complainant. The Complainant was GrabTaxi Holdings Pte. Ltd, which operated a mobile taxi booking application in Southeast Asia.  The Complainant was the registered owner of a few

Are mobile chat messages caught by Hong Kong’s anti-spam law?

In April this year, the Magistrates’ Court of Hong Kong directed a defendant to disclose information on the sending of unsolicited group chat messages on a mobile messaging application. This confirms that mobile chat messages and potentially other forms of interactive messaging on social media would be subject to the anti-spam law of Hong Kong, the

Increased scrutiny on medical and online advertising after tragic death in China?

The tragic death of a 21-year old student who used a search engine to look for last-resort medical treatment for his terminal cancer has recently caused public outrage and an institutional crackdown in China. According to various news reports, a student named Wei died after receiving an expensive experimental treatment, provided by a hospital he

The big picture on IP litigation in China

The Supreme People’s Court (“SPC”) recently released its White Paper on Judicial Protection of IPR, 2015 (“中国法院知识产权司法保护状况(2015), “White Paper”), containing statistics on IP litigation in China. Significantly, the statistics also contain the first conclusive data on the operation of the specialized IP Courts in Beijing, Shanghai and Guangzhou, over a year after they started accepting

Towards a Greater Chinese Firewall? – China issues new draft domain name rules

On 25 March 2016, the Chinese Ministry of Industry and Information Technology (the “MIIT“) issued Draft Rules on the Administration of Internet Domain Names (“Draft“) and issued a call for comments. The Draft has raised serious concerns among the public and the international media. In this article we summarize the key changes in the Draft,

Movement in Hong Kong – First movement mark accepted for registration

The Trade Marks Registry has recently accepted a movement mark for registration in Hong Kong. Subject to any opposition being filed, we will see Hong Kong’s first registration for a movement mark in May 2016[1]. This will be the first registration for a movement mark since the Hong Kong Intellectual Property Department published a new

Hong Kong: Powerless over earlier .HK domain name

The dismissal of a complaint brought under the Domain Name Dispute Resolution Policy for .hk domain names (“DNDRP”) highlighted the importance of adducing sufficient evidence to back up assertions of bad faith. This is especially so when the disputed domain name was registered before the complainant had acquired rights in the relevant trade mark. In

China: Every word counts – Shanghai released typical cases of illegal advertisements in 2015

The Shanghai Administration of Industry and Commerce (“Shanghai AIC”) recently released its report concerning the enforcement of the Advertising Law in 2015. According to the report, the Shanghai AIC handled 1,983 cases involving illegal advertisements and handed down penalty decisions for these cases including accumulated fines of RMB 55.57 million (approximately US$ 8.4 million). The

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms. In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had