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Vivien Chan & Co: Latest publications

Experts from Vivien Chan & Co report on significant developments from the IP world across China and the Asia-Pacific.

Vivien Chan & Co. is a full-service law practice with offices in Hong Kong SAR (1985) and Beijing (1993). The firm is consistently recognised as a premier law firm for and in Greater China, and has over 30 years of knowledge of the legal culture and market dynamics.

The firm's lawyers produce regular publications for clients. These provide updates on significant changes and developments on the area of intellectual property law in China and the wider Asia-Pacific region.

Getting ready for Myanmar’s new Trademark Law

Issue 01, 2021
Vivien Chan, Anna Mae Koo

After the long-awaited enactment of Myanmar's new Trademark Law in 2019, the Burmese finally ushered in a new age of intellectual property rights protection. The 2019 Law signals Myanmar's important first step to improve intellectual property rights protection to international standards, and provides a more certain structure to its trademark registration regime as it emerges as one of the most exciting nations in South-East Asia for foreign investors.

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China's top 10 trademark developments

Issue 11, 2020
Anna Mae Koo, Ann Xu

Vivien Chan & Co's experts review and list the top 10 developments from China in 2020. The highlights include the bad faith provision against trademark squatters and agents, the suspension of refusal review pending the disposition of prior marks, the stricter examination of specifications for international registrations, and increased penalties against trademark infringers.

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Beyond registration: Case sharing on how to defend and maintain your trademark in China

Issue 10, 2020
Vivien Chan, Ken Hung

Apart from gaining unfair advantage via prior bad faith trademark filings/registrations in mainland China, squatters are trying to attack brand owners' prior registrations, followed up by their own filings to try to gain unfair advantage against brand owners. Securing your own trademark registrations will be an important first step, while brand owners shall also get themselves ready in maintaining and defending their own trademark registrations.

New guidance document on trademark infringement in China

Issue 09, 2020
Vivien Chan, Anna Mae Koo

In June 2020, China's National Intellectual Property Administration (CNIPA) issued the highly anticipated Criteria for Determining Trademark Infringement (the Criteria). The Criteria offers unified standards and guidance to frontline enforcers in determining claims for trademark infringement in China. The Criteria also provides answers to owners of Chinese trademarks for some common issues in enforcement.

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Suspension of trademark examination pending proceedings against cited marks

Issue 08, 2020
Anna Mae Koo, Ann Xu

When a trademark application is blocked due to the existence of prior similar mark(s), one of the ways to overcome the same would be to try removing the prior mark(s), such as commencing opposition/invalidation/cancellation proceedings. However, under the examination practice in China, there is no formal suspension procedure, meaning that the trademark application will continue to be examined notwithstanding that the actions against the prior mark(s) are still pending.

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How an asymmetric jurisdiction clause may affect enforcement in mainland China: A new take by the Hong Kong SAR court