27Feb2015

Listing of Securities on the Stock Exchange of Hong Kong Limited

Qualifications for Listing The basic conditions which have to be met as a prerequisite to the listing of equity Securities on the main board of the Hong Kong Stock Exchange are set out in Chapter 8 of the Rules Governing the Listing of Securities on…Read More

27Feb2015

Upload, Download

IP Newsletter, December 2006 The conviction of the first person in the world charged with using BitTorrent technology to infringe copyrighted materials was upheld recently by the Hong Kong High Court. In HKSAR v Chan Nai Ming, HCMA 1221/2005 [2006], Chan Nai Ming uploaded movies…Read More

27Feb2015

They Stole Our Idea!

IP Newsletter, January 2007 You bid on a project and presented your proposal. Later, they told you they decided to go another direction. Disappointed, you accept that you can’t win all the time. Then, you find your features incorporated into their project. They changed them…Read More

27Feb2015

The Cost of Free Proposals

IP Newsletter, February 2007 Designers dread submitting proposals. Not only is time spent preparing proposals uncompensated, there are inevitably follow-up inquiries and additional uncompensated work required. And clients tend to think they can use concepts pitched without consent or credit given. After wrestling with issues…Read More

27Feb2015

Meeting with Mr McCoy

IP Newsletter, March 2007 In this month’s newsletter, we report on a meeting with Stan McCoy, Chief Negotiator for IP Enforcement for the US Trade Representative, on IP enforcement issues in China. We discussed many issues during our hour-long meeting but what impressed me most…Read More

27Feb2015

Trade War Looming?

IP Newsletter, April 2007 Last month, we talked about the United States putting pressure on provincial and local government officials in China to improve enforcement of IPR. Shortly after our newsletter, the US Trade Representative announced she was requesting two separate formal WTO consultations with…Read More

27Feb2015

Reform of the Bankruptcy Regime in the People’s Republic of China

Introduction The PRC’s ground-breaking legislation on bankruptcy – the PRC Enterprise Bankruptcy Law (“EBL“) – came into effect on 1 June 2007, after many years of drafting and discussion among the PRC legislature and various interest groups. The EBL comprises 12 Chapters containing 136 articles,…Read More

27Feb2015

Passing Off: The Jif Lemon Case (Reckitt & Colman Ltd v Borden Inc)

An article discussing the tort of passing off, with reference to the case Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873, also known as the Jif Lemon case, a leading decision of the House of Lords on passing off. Passing off…Read More

27Feb2015

Something To Chew On!

IP Newsletter, December 2007 Louis Vuitton Malletier (“LVM“), the well-known maker of luxury goods, sued a Las Vegas company, its principal owner and one of its retail distributors for infringement of its LOIUS VUITTON, LV marks and design copyright. Summary judgment dismissing the case was…Read More

27Feb2015

No win no fee arrangement in Hong Kong

First prosecution in Hong Kong on champerty and maintenance On 8 July 2008, the Department of Justice spokesman said that the activities of recovery agents in personal injuries cases may constitute offences of champerty and maintenance. In a recent prosecution, which is a first of…Read More

27Feb2015

Summary and implications of Practice Direction 3.3

Pilot scheme for voluntary mediation in petitions presented under s168A and s177(f) under the Companies Ordinance Here is a link to the new Practice Direction 3.3 approved by the Chief Judge on 4 September 2008:http://legalref.judiciary.gov.hk/doc/whats_new/prac_dir/html/PD3.3.htm The Practice Direction provides for a pilot scheme for voluntary…Read More

27Feb2015

Re HK Sindy Footwears Ltd [2007] 1 HKC 64

Facts This case concerns a Mr Hazan and a Ms Han who were a couple and lived together. In April 2002, Ms Han and Mr Hazan agreed to go into the shoe business together, through the entity HK Sindy Footwears Ltd (Footwears). Mr Hazan did…Read More