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Intellectual Property Dispute & Litigation

Intellectual property rights reward creativity and human endeavor, which fuel the progress of humankind and can lead to breakthrough solutions to global challenges. Due to its value, it becomes important to safeguard and protect such rights from third parties who seek to ride on the reputation and rights of others for profit or other reasons.

Here at ONC, we have ample experience in assisting our clients to protect their intellectual property rights, especially in relation to new inventions over new technology. We have assisted clients in defending their rights in a wide array of matters, including trade mark infringement and passing off, company name infringement, copyright, patent and design infringement etc.

We recognize the importance of protecting the value of our client’s hard work and take a wide variety of approaches in assisting our clients to defend the same. We frequently work together with investigators, customs, and authorities in Hong Kong and PRC, and enforcement agencies worldwide in devising strategies to prevent infringement and counterfeiting.

Rest assured that ONC will vigorously assist you in protecting your rights.

Examples of our services include:

  • assisting one of China’s most renowned clothing companies in trade mark infringement matters in Hong Kong and PRC;
  • acting for a famous French wine company in trade mark infringement and passing off litigation in Hong Kong;
  • assisting a major tobacco company against counterfeits worldwide;
  • acting for a popular and reputable jewelry company against counterfeiting in the PRC;
  • advising two leading Hong Kong real estate agencies on infringement actions.

If you would like to know more about our intellectual property practice or how we can help your business, please contact us at (852) 2810 1212 or at ip@onc.hk.

Please refer to our articles in ‘Knowledge’

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The Japanese brand MUJI lost in a trade mark infringement case to a local Chinese company with an earlier registered mark which highly resembles the former’s well-known trade name. China’s Supreme People’s Court has ultimately ruled against MUJI in an appeal after the claims went on for close to a decade. On 4 November 2019, MUJI was ordered by the Beijing Municipal High People’s Court to pay damages of more than RMB 600,000 (USD 87,000) and publicly apologizing to the local company.
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It is not uncommon to see a company advertises its business by comparing its products/services with those of its competitors. In fact, the use of a registered trademark belonging to others in one’s advertising may not necessarily constitute any trademark infringement if section 21 of the Trade Marks Ordinance is satisfied. The Court of First Instance provided the public with useful guidance on the interpretation of Section 21 in its ruling in Pccw-Hkt Datacom Services Ltd and Another v. Hong Kong Broadband Network Ltd [2018] 4 HKLRD 575.
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On 19 June 2019, The European Union General Court (the “General Court”) dismissed the appeal application filed by Adidas and upheld the decision of European Intellectual Property Office (“EUIPO”)’s Second Board of Appeal that, among other things, Adidas’ signature mark of parallel equidistant stripes “” lacks the distinctiveness required for it to be qualified for trademark protection. This ruling effectively puts an end to Adidas’s attempt to defend its trademark in the European Union (“EU”).
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