Peter Cheung Encourages Companies to Register Smell Marks in Hong Kong

At the HK/EU Expert Conference on cooperation in protecting and developing IP and brands at the beginning of this month, Peter Cheung, director of Intellectual Property Department (IPD) of Hong Kong SAR, is demonstrating that he is a man of all seasons in regard to encouraging smell marks in Hong Kong. Under the name Fragrant Hong Kong, which is a well chosen pleonasm since Hong Kong already means “fragrant harbour”, each season has its own activities to raise awareness about and interest in smell marks, see here, suggesting that a company can provide a good with different smells for different seasons.  One of the non-traditional marks Hong Kong allows is the smell mark (Cap. 559 Trade Mark Ordinance of Hong Kong, Section 3(2). Like any trademark it should be distinctive. Applicants cannot just provide a chemical formula, but must also give a description that is clear for members of the public looking at the electronic register exactly what the mark is being applied for.

 

香 heung/xiang= fragrant

 

港 gong/gang =  harbour

 

香港= Hong Kong (En), Heung Gong (Cant.), Xiang Gang (Cn)= fragrant harbour

 

The IPD’s philosophy is that companies can compete using all sensory stimuli in their goods and will organise the Global Sensory Branding Forum in Hong Kong in 2014.  
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Demystifying Intellectual Property Rights With Professor David Llewelyn

Professor Llewelyn before a scholarly audience, including professor Barton Beebe on the right

 

 

Professor David Llewelyn’s latest presentation did not miss to resonate with a scholarly audience. The earlier presentations IP Dragon attended included the highly relevant topic such as “Leveraging your IP” and testified an ability to clarify in a concise way, such as explaining all IP in one hour.  This time professor Llewelyn spoke at the ‘Charting the New Frontiers of Intellectual Property Protection of Luxury Brands’, June 16, 2012 at HKU.

 

 

IPR is getting too complex

As the last speaker of the day professor Llewelyn gave his view unapologetically on the previous presentations which included a deluge of social theories:  “Veblen? Intellectual property rights are already too complex.”
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85 percent of all products seized at EU border originate from China

85 percent?!. If only the other IP infringing countries could sue Chinafor anti-competitive behaviour… For the statistically inclined, Commisioner Algirdas Šemeta, responsible for customs of the European Union, shared some results about the seizures at the EU border. According to the Lithuanian: –  “Overal, China continued to be the main source country from where goods suspected of infringing […]

Trends Counterfeit Trademarks/Infringed Patents From China: Smaller Scale, Bigger Risks

Two trends can be abstracted from the 2010 report of the Austrian Federal Finance Ministry to the National Council about the application of Council Regulation (EC) 1383/2003 of July, 22 2003, concerning customs action against goods suspected of infringing certain intellectual property rights and measures against goods found to have infringed such rights. According to the report these […]

China’s global patent docket

The People’s Daily reports that in 2010 China filed 6,552 invention patent applications at the USPTO, 2,049 at the European Patent Office, 1,001 at the Japan Patent Office and 496 at the Korean Intellectual Property Office. IP Komodo had some research done a while back on Asian emerging markets which showed that China was consistently […]

R&D in China: No Genuine Research, Only Development Thanks to Poor Execution IPR Laws

New Europe reports about EU firms’ enthusiasm about China’s market prospects and their concern about the execution of the IPR laws in China.” “China’s intellectual property laws are not bad. The problem is their implementation,” [EU’s Chamber of Commerce in China (EUCCC) President Joerg] Wuttke said. One result of the poor execution of IPR laws […]

Sweet Irony: Is IP Dragon Liable For Hosting IPR Infringing AdWords?

Law is often walking a few steps behind the developments in society. I propose the term “law lag”, whereby I apply the “cultural lag” concept developed by Thorstein Veblen to law. Of course intellectual property and cyberlaw are not immune for this. One important question that should be answered is to what degree are internet […]

EU Customs Report 2008 About IPR Enforcement Activities not IPR Infringements from China

Yesterday the European Commission Directorate-General Taxation and Customs Union (DG TAXUD) published the ‘Report on EU Customs Enforcement of Intellectual Property Rights. Results at the European Border 2008’. On page 9 we find a crucial alinea, which disclaims the scope the report: “Although the overall amount of IPR infringing goods entering or leaving the EU […]

Grim audits of EU-China Relations – IPR to the rescue?

Guest article by Mikołaj Rogowski Dragons Nightmare, an article from the last month’s edition of The Economist drew a rather pessimistic picture of the European Union – China relations landscape.  According to The Economist the EU is a tough spot. The Economist argues that currently the conflicting policies of the member states are far from rising […]

China and ACTA: Why Is The Problem Not Made Part Of The Solution?

Medio December 2008 IP Dragon wrote about the controversial genesis of the China-less Anti-Counterfeiting Trade Agreement (ACTA) by Japan and the US (joined by Australia, Canada, the European Union, Mexico, Morocco, New Zealand, Republic of Korea, Singapore and Switzerland) whose goal it is to stem the tide of counterfeit and pirated goods that originate for […]

Does China Export In Violation of License EU Train Technology Back To Europe?

Mr Philippe Mellier, CEO of Alstom Transport, the second manufacturer (after Bombardier Transportation) of high-speed trains, locomotives and metro cars, is calling on countries for a boycot of Chinese trains according to the Financial Times, here. In an interview Mr Mellier said that China was closing its domestic market; Chinese companies export trains that use […]

First Coordinated EU Customs Campaign Catches 34 Million Counterfeit Medicines

Reuters reports that the customs officials of the 27 EU members worked together to intercept counterfeit antibiotics, anti-cancer, anti-malaria and anti-cholesterol medicines, painkillers and Viagra. “The main countries of origin for the illegal products were China, India and Pakistan, a [European] Commission official said.“ Read the Reuters article here.

Mr László Kovács: “Customs in 2008, a real test for EU-China trade relations”

Mr Lászlo Kovács, European Commissioner for Taxation and Customs Union wrote an interesting article to commemorate the 40th anniversary of the Customs Union. Is there something to celebrate you might ask yourself? Well at least the Commissioner is belligerent to fight counterfeit and pirated products: “The growing trend in counterfeiting in some health-threatening sectors like […]

EU Internal Market Commissioner: Anti-counterfeiting and -piracy Solutions To Be Found In Public-private Cooperation

On a 13 May commission-sponsored high level conference, the Internal Market Commissioner Mr Charlie McCreevy stressed that regulation is not the only answer to fight counterfeiting and piracy, but that the private sector itself is best placed to lead the battle against the fakes. Tomorrow exactly two years ago, when Mr McGreevy visited China to […]

China and EU Customs Unveiled Plans to Share Information

The EU and China unveiled plans for an intelligence network to share information among ports to crackdown on counterfeiting. Source WIPO Magazine (February 2008, no.1). “Despite the increased efforts of the Chinese authorities to crackdown on counterfeiting, EU Customs Commissioner Laszlo Kovacs said that China is currently the main source of counterfeit goods seized in […]

“Lax IPR Keeps Chinese Companies Lazy In Terms of R&D”

BusinessWeek runs an article of Associated Press about the ‘Study on the Future Opportunities and Challenges in EU-China Trade and Investment Relations 2006-2010’ prepared by Philip Bartley of the Emerging Markets Group consultancy, for the European Commission. Bartley said that China would also benefit from opening up its market, mentioning EU and U.S. concerns over […]

EU Survey: 40 Percent sees China As Biggest IP Threat

The Economist Intelligence Unit published a white paper ‘The Value of Knowledge, European firms and the intellectual property challenge’, after it surveyed 405 European executives about their perceptions of IP. Here are the China relevant quotes: “European IP remains under threat from both developing and developed markets.China is the respondents’ biggest worry (cited by 40 […]