The victory of the Series Cases Regarding Patent Infringement Conflict Represented by Chang Tsi Through Defense Against Non-infringement by Combining the Invalidation Decision of Associated Patents
Recently, Lihan's Hong Kong Team helped one of its Fortune 500 clients, a global tech giant, win a "milestone" trademark case regarding refusal on absolute grounds in Hong Kong.
In the patent invalidation procedure, the judgement of whether there is the technical inspiration to solve the technical problem in the prior art tends to become the focus of a dispute between both parties due to its ambiguous standards and complicated rules. In this case, the petitioner denies the inventive step of the patent involved by using D1 as the closest prior art, and combining several other reference documents. In this regard, with the closest prior art as the starting point and oriented by the technical problem solved by the patent involved, our team makes an in-depth analysis of whether the motivation to make improvement can be generated on the basis of the closest prior art, and formulates the targeted strategies for response accordingly. At last, the Reexamination and Invalidation Department of the CNIPA supports our opinions, declaring that the patent right is sustained to be valid.
Macau Customs maintains an enforcement department for IP investigation that works closely with Mainland Chinese authorities, foreign customs agencies, and World Customs Organization to ensure best practices in encountering criminal organizations engaged in IP theft.
There are no formalities required to obtain copyright protection for a work in the Hong Kong SAR. Works of authors from any place in the world, or works first published anywhere in the world, also qualify for copyright protection in the Hong Kong SAR.
Defensive trademarks have been protected in HK based on Trade Marks Ordinance. It was also possible under Cap. 43 (see sections 55 to 57) to register defensive trademarks.