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20 August 2019

Tackling a $1.4 billion counterfeit problem: inside the CBP’s seizure numbers

As the value of counterfeit good seizures by the US authorities rises, a new call is made for private industry to work with domestic and international partner agencies in a bid to tackle demand as well as supply.

18 March 2019

EUIPO calls for action as study finds fakes make up 3.3% of global trade

A new study from the EUIPO and the OECD has revealed the staggering rise in counterfeit goods being traded around the globe. In response, the executive director of the EUIPO has called for coordinated action.

20 November 2018

Hong Kong court issues landmark decision on use of trademarks in comparative advertising

In PCCW-HKT Datacom Services Ltd v Hong Kong Broadband Network Ltd, the Court of First Instance has provided guidance on the use of another party’s trademarks in comparative advertising.

18 October 2018

“Leveraging the law is not the whole solution”: interview with Philip Morris’ Herman Cheung

In an exclusive interview, the tobacco giant's Manager of Illicit Trade Prevention talks to WTR about the importance of anti-counterfeiting efforts as the company transitions to a smoke-free future.

08 August 2018

AI boosts counterfeit seizures in Hong Kong; expert claims focus should be on small package detection

​​​​​​Customs authorities in Hong Kong have managed to increase the seizure rate of fake goods by one-third in the first half of 2018 thanks to the use of artificial intelligence.

12 October 2016

Hong Kong performs well in illicit trade rankings, despite massive counterfeit trade volume

The Economist’s Intelligence Unit and the European Chamber of Commerce in Singapore (EuroCham SG) today released a report measuring Asia-Pacific jurisdictions by the extent to which they enable illicit trade, including counterfeiting and piracy. Singapore itself has a somewhat disappointing placing, just outranking China and beaten by its larger neighbour Malaysia; while Hong Kong’s high placement is somewhat at odds with other measures of its contribution to the global counterfeiting trade.

03 October 2016

EU customs seizures skyrocketed in 2015; concerns raised that counterfeit issue being ‘massively underestimated’

The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem.

10 May 2016

First movement marks accepted for registration in Hong Kong

The Trademarks Registry has accepted two movement marks for registration in Hong Kong. Subject to any opposition being filed, the first registration of a movement mark should be granted in May.

29 April 2016

Preliminary injunctions: a comparative global overview

Preliminary injunctions can be a valuable tool for rights holders, but they are not always straightforward to obtain. Lawyers from Hogan Lovells provide a comparative global overview of strategies for obtaining them in different jurisdictions

01 April 2016

Fog lifting over the shadow company debate in Hong Kong?

Recent case law in Hong Kong has clarified the procedure for dealing with shadow companies in light of 2010 changes to the Companies Ordinance.

04 March 2016

Hong Kong government withdraws copyright amendment bill after free speech furore

In the face of a sustained filibuster by pan-democratic lawmakers, Hong Kong’s government is set to pull a controversial amendment to the special administrative region’s Copyright Ordinance. Civic Party legislator Claudia Mo says that the bill will not be formally withdrawn until Wednesday, but we understand the legislation is effectively dead.

02 February 2016

Every word counts – typical cases of illegal advertisements

The Shanghai Administration of Industry and Commerce recently released its report on the enforcement of the Advertising Law in 2015. The report is a good reference to brand owners and advertisers as to the kinds of advertising claim which may attract the authorities’ attention, and potentially penalties.

20 January 2016

Can hotel group prevent the promotion of residential development?

In a recent case the court considered the plaintiffs’ application for an interlocutory injunction restraining the defendants from engaging in the mass promotion of a residential development using the English name ‘Corinthia’ on the basis of passing off and trademark infringement.

01 January 2016

Own name defence: a global perspective

In many countries people or even companies have a defence to trademark infringement when using their own names. In this article Baker & McKenzie’s global IP team outlines where an own name defence exists and whether this extends to company names

30 October 2015

Bastian Schweinsteiger not the only celebrity struggling to control use of their likeness in Hong Kong

Last week, footballer Bastian Schweinsteiger announced he would take legal action against a Hong Kong company selling a Nazi action figure bearing his likeness. A review of the company’s online store shows that there are other celebrities who may not like what they find there. But Hong Kong’s lack of personality rights protections could frustrate attempts at enforcement.