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,
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
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
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
In China, trade dress protection provides exclusive rights over a certain product get-up that acts as an indicator of origin. In order to qualify for protection, a trade dress must have a unique quality, rather than being common or generic, so that it can be distinguished from the get-up of other products in the market.
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
On 24 August 2017, the Chinese Ministry of Industry and Information Technology (“MIIT“) issued the final version of the Rules on the Administration of Internet Domain Names (“New Domain Name Rules“). These new Rules will come into effect on 1 November 2017 and replace the existing rules promulgated in 2004. As compared to the draft
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
China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully digitalized, online procedure. The establishment of a specialized cyberspace court in China’s internet capital Hangzhou is an encouraging step for the Chinese internet
The National Copyright Administration of China (“NCAC“) has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Sword Net Action” (剑网行动). This year’s crackdown campaign promises to take a heavy hand against the unauthorized online distribution of films, TV programs and other
On 12 May 2017, the Chinese Food and Drug Administration (the “CFDA”) issued several draft policies aimed at overhauling of the current regulations governing the Chinese pharma and medical device sector (the “Draft Policies”). Amongst the Draft Policies, those outlined in Circular No.55 would, if implemented, establish a more robust patent linkage system, a more
The Beijing Haidian District People’s Court has recently heard a case in which a domain name registrant requested the court to declare its domain name registration contracts invalid. In this somewhat unusual case, the court granted this request concluding that the object of the agreement was cyber-squatting, thereby cancelling dozens of squatted domain names. The
Original equipment manufacturing (OEM) is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China, which is often branded “the factory of the world”, OEM is big business. However, from a trademark
Under the Chinese Trademark Law, the Trademark Review and Adjudication Board (“TRAB“) decides on review procedures filed against decisions by the Trademark Office. Up to date, these TRAB review procedures were strictly written procedures. Even though the possibility of holding a hearing was written into the existing legislation, hearings were in practice never held. This
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 over 2 years old will be accepted. This time bar has in
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
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 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
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
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
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  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
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. Importantly, the Court’s decision confirms the public interest in ensuring that certification marks are given the necessary protection in Hong Kong.
The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November 2014. Moreover, the Court also granted the Plaintiff’s demand for a reimbursement of no less than RMB 1 million
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.