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LimeGreenIP News

Eugene Low

Posts by Eugene Low

China breaks new ground with Foreign Investment Law-related IP reform

In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound IP-related investments. The first major change was the adoption of the new Foreign Investment Law (“FIL”) on 15 March 2019 (full text

What you need to know about China’s new Regulations on interim injunctions in IP cases

China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes” (“最高人民法院关于审查知识产权纠纷行为保全案件适用法律若干问题的规定”, “Regulations”). The Regulations came into effect on 1 January 2019. The Regulations apply to applications for interim injunctions (which includes both preliminary and interlocutory injunctions, in Chinese “诉前禁令”

A sneak peek at China’s long-awaited new draft Patent Law

On 5 December 2018, the latest draft of the Chinese Patent Law was presented to China’s State Council (i.e. the executive body of China’s central government) during a meeting chaired by Premier Li Keqiang (see here for a summary, in Chinese). New developments about the draft have certainly been long-awaited, with the latest and highly

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court (SPC). This Decision will come into effect on 1 January 2019. The Decision provides that the SPC will have

A game changer? China enacts first e-commerce law

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019. This new law has a remarkably broad scope, encompassing many aspects of e-commerce,

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. In this article, we provide an overview of those combined statistics, and analyze how this might have an impact on your business in China.   China IP litigation numbers

Hong Kong & cross-border IP disputes: Practical tips on arbitrating

While traditionally resolved through litigation, parties are now increasingly referring their intellectual property right (IPR) disputes to arbitration, especially in cases where there is a cross-border element. Building upon our earlier guide to arbitration agreements for IP, this post provides an overview of the advantages and disadvantages of arbitrating IP disputes, addresses two main concerns (Arbitrability of the

Hong Kong: How do I draft my arbitration agreement for IP disputes?

In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration. Since arbitration can only take place with the consent of all parties, a crucial first step is to create a valid, enforceable arbitration agreement

Hong Kong relaxes regulations on product placement: Episode two

The Communications Authority (“CA”) recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes (“TV programmes”) and to lift bans on advertisements for undertakers and associated services. We have previously discussed the CA’s decision in September 2017 to review its Generic Code of Practice on Television

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. Although these cases are not strictly binding precedents under China’s civil law system, these cases are used as persuasive judicial guidance for China’s courts at all levels. In this

China’s Advertising Law – That fine is (chest)nuts!

In a recent decision, a Chinese court imposed a fine lower than the statutory range under the Advertising Law of the People’s Republic of China (as amended in 2015) (“Advertising Law“). This suggests that courts retain certain discretion in reducing statutory sanctions under the Advertising Law. This decision, while not binding on other courts and

China: Has the dust settled on OEM trademark infringement?

China’s SPC reaffirms that OEM does not infringe on Chinese trademarks In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in its November 2015 landmark ruling in the Pretul case, holding that branded

Gearing up for esport: Seizing opportunities and tackling legal issues

On 27 March, Partner Eugene Low and Associate Arthur Ng from our Hong Kong office gave a presentation on esports at a reception event organized by the Association of Corporate Counsel, Hong Kong. The event inspired lively discussion over refreshments and feedback following the presentation was very positive, especially as it was the first time many attendees had discovered

Q&A: Why you should consider registering your copyright in Vietnam

Following our recent Q&A on copyright registration in China, we now turn to Vietnam where there is also a voluntary copyright registration system. Why register? Under the Law on Intellectual Property of Vietnam, copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality,

Q&A: Why you should consider registering your copyright in China

While not compulsory, getting a copyright registration in China can offer many benefits to IP owners. This article will give an overview of the copyright registration system in China. Copyright registration is also available in some other Asian countries such as Japan and Vietnam. Why register? Copyright ownership in China arises automatically, upon completion of

Heavy jail sentence handed down on illegal set-top boxes sellers in Hong Kong

On 28 December 2017, the District Court of Hong Kong handed down sentences varying from 21 to 27 months’ imprisonment against 3 individuals who took part in a scheme that enabled users of the “Maige Set Top Box” (the “Maige Box“) to view pay TV channels for free.  This case sets one of the heaviest

China issues its second Draft E-Commerce Law

On 7 November 2017, the Standing Committee of the National People’s Congress (“NPC“) published the second draft of the E-commerce Law (电子商务法(草案二次审议稿), “Draft“).  The goal of the Draft is to regulate China’s burgeoning e-commerce sector, and thereby facilitate growth, maintain “market order”, and eradicate scams and counterfeits. It is particularly striking that the Draft was

Getting a 3D mark in Vietnam – Overcoming refusals and an industrial design comparative.

The National Office of Intellectual Property in Vietnam (“NOIP”) has granted a significant number of trade mark registrations for 3D marks. Recently there are around 1-3 3D marks granted each month, but unfortunately there is no specific information on the number of 3D marks in Vietnam to date. In comparison with other non-traditional signs such

Opening the door for product placement in Hong Kong?

On 4 September 2017, the Communications Authority of Hong Kong (“CA“) announced that it will review the relevant provisions in the codes of practice governing indirect advertising and product/service sponsorship (commonly known as “product placement”) in television programmes. Currently, the rules for television advertising are contained in the Generic Code of Practice on Television Advertising