Hong Kong: Court Procedure

The Mediation Bill that we wrote about in our e-bulletin of 28 November 2011 has now been gazetted by the Hong Kong Government.

In a trade mark appeal in relation to a household brand in Hong Kong between two renowned jewellers who share the same family origin and enjoy a successful business ("C.S.S. Jewellery Company Limited v The Registrar of Trade Marks"), the Court of First Instance set aside the Trade Marks Registrar's decision and allowed the Appellant's registration of a trade mark which the Court found the two jewellers had concurrently used for a considerable period of time.

A recent Court of Appeal judgment in the case of Koon Wing Yee and Chan Kin Shing Sonny vs Insider Dealing Tribunal in which our firm acts for the 2nd Appellant, has ruled that the Hong Kong Insider Dealing Tribunal’s power to summon or require an implicated person to give evidence as unconstitutional.