| Course Details |
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| (Live Lecture & Webinar) Passing Off and Unfair Competition |
| Date: |
24 May 2024 (Friday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
3 CPD pts (Accredited by The Law Society of Hong Kong) |
| Ref: |
L24IP01 |
| Venue: |
Live Lecture or Zoom Webinar
- Rm 2102, 21/F, Beautiful Group Tower,
77 Connaught Road Central, HK
- Online Webinar via Zoom
[View Map] |
Presenter's Biography:
Doug is a widely respected litigator and arbitrator with over thirty years experience handling IP litigation and arbitration in East Asia as well as coordinating global cases.
Doug has handled the entire gamut of contentious IP cases including raiding factories in China (in the early part of his career); obtaining civil search and seizure (Anton Piller) orders and freezing (Mareva) injunctions; establishing new law in relation to anti-circumvention technologies; and, running complex multi-jurisdictional patent litigation.
Doug is a member of the HKIAC appointments committee. He has been appointed an arbitrator in 8 HKIAC IP related arbitrations and is on the Hong Kong International Arbitration Centre, Shanghai International Arbitration Centre, Shenzhen Court of International Arbitration and Word Intellectual Property Organisation panels of arbitrators. He is also a Deputy Chairman of the Hong Kong Inland Revenue Board of Review.
Doug, who is originally from Australia, studied on an exchange at high school in Kobe, Japan and at Fudan University, Shanghai. He speaks, reads and write, both Japanese and Chinese.
Doug began his career in IP in Hong Kong in 1993 with a Lovell White Durrant. In 2000, he moved to Shanghai where, in 2003, he established and was Managing Partner of that Lovells' Shanghai office while also serving in the firm's worldwide partnership council. From 2011 to 2019, Doug practiced as an intellectual property barrister in Hong Kong appearing as an advocate in all level of courts, including in the Hong Kong Court of Final Appeal. From 2020 to August 2022 he was global head of dispute resolution with IP boutique Rouse where he handled and supervised litigation in China and other countries.
Doug practiced for a year with Douglas Clark LLP a specialist IP litigation and arbitration boutique and appeared as a solicitor advocate for his firm and on instructions of other firms. He is now a partner at Tanner De Witt where he handles IP and general litigation and arbitration matters.
Doug was from 2016 to 2022 and again from 2023 will be an adjunct professor at the University of Hong Kong where he teaches a masters course in IP. He is the author numerous articles on IP and of four legal texts:
- Patent Litigation in China
- Hong Kong Intellectual Property
- Civil Litigation in Hong Kong
- Patent Law in Greater China (co-author)
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Objective:
The copying or imitation of the products or services of others is big business. Sometimes the copying or imitation can be legitimate. Other times it is not. The law of passing off in Hong Kong and the Anti-Unfair Competition Law in the Mainland of China are designed to prevent others taking unfair advantage of others' reputation and goodwill, but the courts also strive to leave room for legitimate competition.
This seminar will focus on practical steps that can be taken to prevent competitors from free-riding on a company's valuable goodwill and consider just how "close to the wind" it is possible to sail in promoting goods and services. Recent Hong Kong and UK case law and the 2019 Anti-Unfair Competition Law and 2022 Supreme Court Interpretation will be discussed and considered.
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Outline:
- Passing off vs Unfair Competition
- The law of passing off in Hong Kong
- Goodwill
- Misrepresentation
- Damage
- Common field of Activity necessary?
- The Court of Final Appeal decision in Tsit Wing v TWG
- The Anti-Unfair Competition Law in Mainland China
- Anti-Unfair Competition Law
- The 2022 Supreme People's Court Interpretations
- Examples of cases
- Similarities and differences between the laws
- Bringing a passing off claim in Hong Kong
- Courts with jurisdiction
- Pleading a case
- Evidence to support a case
- Summary Judgment
- Interim and final relief
- Bringing an unfair competition action in China
- Administrative complaint
- Court Actions
- Evidence
- Procedures
- Relief
- Cross border actions involving Hong Kong and China
- Case studies will be discussed during the presentation
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| Category: |
Intellectual Property |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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