This is a letter of notice to inform a party that they are infringing on your client’s copyright. It gives a description of the details of the copyrighted work, and how is the infringing party encroaching on one’s enjoyment of their copyright.
If you have registered a trademark and someone else has used a trademark in the course of business or trade similar or identical to your trademark in relation to similar or identical goods or services, you are entitled to sue that person for trademark infringement (section 18 of the Trade Marks Ordinance (Cap. 559)). However, … Read more
Patent infringement is a civil claim. Hence, the standard civil litigation procedure follows if there is no settlement between the parties, as there is also no obligation to settle. A patent holder may begin formal litigation proceedings without the consent of the defendant. The patents are enforced initially in the Court of First Instance. Alternatively, … Read more
Before filing for a civil litigation claim, the claimant must think carefully what are the potential remedies that may be awarded. Here are the commonly sought remedies in an intellectual property claim: Injunction In intellectual property actions, it is quite common to apply for an injunction as part of the claimant’s actions. An injunction is … Read more
There are two main types of patent infringement in Hong Kong: Direct and Indirect Infringement. Direct Infringement Some acts may be classified as direct infringement under Section 73 of the Patent Ordinance(‘PO’), it is however not limited to the following: Using the process, or Without the consent of the patent holder, knowingly offering the process … Read more
An intellectual property cease and desist letter usually is a formal notice requiring the recipient to stop (cease) and refrain (desist) from engaging in infringing activities. The purpose is to inform the recipient that they have allegedly infringed the intellectual property (“IP”) right of the sender. It is often the first step taken to address … Read more
Copyright infringement Generally, copyright infringement occurs when someone else uses the copyrighted work / the original piece of work without consent of the copyright holder. In this article you will understand the meaning of (a) primary infringement; (b) secondary infringement; and (c) the enforcement options. What counts as copyright infringement? Primary infringement Primary infringement incurs … Read more
As copyright is an automatic right under Hong Kong law which arises whenever an original work is created, it is important that no matter whether you are the copyright owner of the work or not the copyright owner of the work, you are aware of what acts you are legally permitted to do. If you … Read more