Congratulations to Sam Ng who has been appointed a Fellow of the Chartered Institute of Arbitrators (FCIArb).

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Congratulations to Au Lut Chi and Ian Chu who have been appointed as Chairmen of the Appeal Tribunal Panel, pursuant to section 45 of the Buildings Ordinance (Cap.123) from 1 December 2021 to 30 November 2024.

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A hearing for an opposition to trade mark application was heard before the IP Department on 27 August 2021 and the decision was handed down on 5 November 2021. The opposition concerns a registration of a trade mark “金佛水” under class 35 by an earlier trade mark “大佛水”.

Ian Chu acted for the applicant in the said hearing. In short, the IP Department was of the view that:-

• There is insufficient evidence supporting that the earlier trade mark has been widely used in Hong Kong for a long time and therefore the use of it does not make the earlier trade mark more distinctive;
• The degree of similarity between two marks is only medium; and
• While the wholesale and retailing of medicines, Chinese herbal medicine and nasal spray under the subject class 35 (“Class A Services”) are complementary to the goods covered by earlier trade mark, others including the sale of tonic food, cosmetic and skincare products and nutritious food etc (“Class B Services”) are not similar to the goods covered by the earlier trade mark.

Accordingly, the IP Department rejected the opposition to the registration of the subject trade mark under Class B Services.

For the full Statement of Reasons for Decision by the IP Department, please see https://www.ipd.gov.hk/chi/intellectual_property/trademarks/trademarks_decisions/decision/DEC304805190OP.pdf or contact our Ian Chu.

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Recently, the Hong Kong courts have considered two important issues for lenders relating to jurisdiction clauses in finance documents:

1. Should the Hong Kong courts dismiss a winding up or bankruptcy petition if the relevant finance document is subject to an exclusive jurisdiction clause (EJC) in favour of a foreign court?

2. Will the Hong Kong courts give effect to asymmetric jurisdiction clauses?

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Congratulations to Ian Chu who has been appointed as a panel member of the Insurance Appeals Tribunal, pursuant to section 2 of Schedule 10 to the Insurance Ordinance (Cap. 41) from 26 July 2021 to 25 July 2023.

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Dr Christopher To in his interview with the Hong Kong Lawyer Magazine discusses his role as chairman of the Hong Kong Institute of Directors as well as other aspects of his career.

Click here to see more.

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Nicholas Cooney SC has been named as being amongst the Leading Construction & Infrastructure Litigation Barristers in Hong Kong in the Doyle’s guide, 2020.

The Guide also recommends Nick Luxton for Maritime, Shipping and Transport Law.

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It is with heavy hearts Gilt Chambers announces the death of Dr Gerard “Gerry” McCoy SC on Tuesday 28th April 2020.

To say it is a great loss would be an understatement. Gerry was our guiding force as Head of Chambers, our friend, and our family. It has given us comfort to have read and received so many wonderful tributes about Gerry and the impact he had on the legal profession of Hong Kong. We sincerely thank everyone who has passed on their respects.

The stories we’ve shared about Gerry in the recent days have all had a similar theme, they’ve all talked about his generosity, his righteous fighting spirit, and his larger than life personality. He was one of the good ones, and he is now and will always be missed.

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