Friday 16 March 2012

China Updates- Technology

Internet - new provisions will come into effect on 15th March to outlaw unfair practices between website operators and to enhance protection for internet users.

In addition, and for the first time, personal data is/are defined in an attempt to introduce data protection and privacy in China. 'User's Personal Data' is defined as any data which is related to a user and is able to identify a user if used independently or in conjunction with other information (a relatively broad definition).
them from selling the trademark in Hong Kong. March 2012.

Apple/Proview dispute – Proview, a Shenzhen subsidiary of a Taiwanese company, applied for an injunction to prevent Apple from using the iPad trademark in China.

Not a mere squatting case, Proview and its parent had registered “iPad” as a Trademark n Taiwan and China long before the iPad was marketed by Apple.

Apple thought it had acquired the name from the entire group. A decision in December 2011 by the Shenzhen Intermediate People's Court went against Apple. The Court observed that, when acquiring rademarks, one should acquire them from the real owner(s). As a result of this ruling, which Apple is appealing, iPads were pulled from the shelves all over China.

However, the Shanghai Pudong New District Court has more recently refused an application by Proview for an injunction, whilst the Hong Kong courts, obviously applying common law rather than PRC law, granted an injunction against Proview and its former owner to prevent them from selling the trademark in Hong Kong.

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Tuesday 13 March 2012

Hong Kong Updates - Budget Highlights


Budget (1st February). Highlights were as follows:
- To waive property rates for 2012/13.
- To increase personal tax allowances.
- (Possible) abolition of capital duty
- Waiver of the annual and a waiver of the annual business registration fee of USD 315 for the year 2012-2013.

All of this of course makes Hong Kong an even more attractive place to invest or to work.

New legislation: the Pyramid Schemes Prohibition Ordinance (Cap. 617). This Ordinance, which replaces Cap. 355, makes pyramid selling, as newly defined, illegal and a criminal offence. A pyramid scheme is now defined as one in which new participants must provide a payment (not necessarly cash) that is entirely or substantially induced by the possibility that they will be entitled to receive a benefit that is (in turn) entirely or substantially derived from the (further) introduction of new participants. The definition now includes services whereas previously only goods were covered.

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Primasia will post the updates of Hong Kong and China from time to time. Follow us on our WebsiteBloggerLinkedIn and stay tunned for our updates!
===================================================================
Need more information?
Please contact:
John Barclay -Email
Teresa Tam - Email 
--------------------------
Follow us on:
Website: Primasia HK / Primasia China
LinkedIn: Primasia
--------------------------
Primasia Corporate Services Limited
Tel: +852 2882 2088
Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wanchai, Hong Kong