Articles by Practice Area
- The Importance of Chinese Trade Mark to your Business, especially in Chinese-speaking markets, China, Hong Kong, Macau and Taiwan
- OLN invited by the Trade and Industry Department to speak about “Practical Legal Matters for SMEs”
- At long last - transparency in the beneficial ownership of Hong Kong companies?
- Hong Kong Insurance Industry Braces for New Corporate Governance Measures
- Does Hong Kong need more protective consumer legislation in respect of Fitness Centres and Beauty Salons?
Items filtered by date: September 2016
Oldham, Li & Nie (OLN) is pleased to announce the expansion of its Insurance Practice Group in response to growing demand from both existing and potential clients in the changing and increasingly pervasive regulatory environment in Hong Kong.
In particular, Adelina Wong (formerly Senior Legal Counsel with AIA Hong Kong for over 8 years) has joined our Insurance Practice Group headed by Greg Crichton, a leading figure in the Asian insurance industry, to provide advice to clients on insurance-related matters.
Oldham, Li & Nie (OLN) was founded in 1987 with offices in Hong Kong and Shanghai. Our principal focus is on Corporate and Commercial, Dispute Resolution, Intellectual Property, Divorce & Family Law, Insolvency & Restructuring and Private Client Services. We have consistently been ranked as top tier Hong Kong law firm in the Employment, Corporate/M&A and Family Law by Chambers Asia, Legal500 and amongst others. For more details, please visit www.oln-law.com.
About OLN’s Insurance Practice Group
OLN’s Insurance Practice Group has direct experience of the legal, regulatory and practical challenges facing insurers and reinsurers throughout Asia region. Members of our Group have worked in the insurance industry and have extensive experience working in and advising insurers and reinsurers on contractual and regulatory matters and risk management issues relevant to their businesses. We have particular expertise in the review and drafting of contractual documentation relating to insurance and reinsurance activities, including the development of policy wording for life, accident, medical and health insurance products, and the review and vetting of related proposals, product brochures and training materials. We also have experience advising on disputes over coverage for claims under both life and general insurance policies, and with support from OLN’s Dispute Resolution Group, are well placed to represent clients in all aspects of insurance litigation.
OLN is delighted to announce that we have received the Immigration Law Firm of the Year Award by Asian Legal Business at the 2016 Macallan Hong Kong Law Awards Ceremony.
Adam Hugill, Chris Hooley and Jade Tang regularly advise global corporations in connection with visa and mobility issues and also frequently work with entrepreneurs who wish to invest in Hong Kong.
The Immigration team supports OLN’s other practice areas and have advised in connection with dependent visa and student visa issues arising from redundancies, family breakdowns or otherwise in connection with visa issues affecting non-traditional family units.
OLN also received 8 other ALB nominations, including:
- BDO Limited Award Matrimonial Law Firm of the Year
- Criminal Law Firm of the Year
- Intellectual Property Law Firm of the Year
- Labour and Employment Law Firm of the Year
- Litigation Law Firm of the Year
- Managing Partner of the Year – Gordon Oldham
- Woman Lawyer of the Year – Tracy Yip
- Young Lawyer of the Year – Tony Chik
The ALB Awards recognise the excellence and outstanding achievements of Hong Kong's leading law firms over the past twelve months.
Due to a change in the European Union trade marks law, a class heading under the Nice classification no longer interpreted as covering all the goods/services under such class. A class heading now only covers goods/services that fall under the literal meaning of that class heading.
For example, in the past the class heading of class 41 “Education; providing of training; entertainment; sporting and cultural activities.” would cover the services “translation”, after the change of the law the class heading of class 41 would no longer cover such item.
Who will be affected?
Trade mark owner who owns European trade mark (EUTM) that filed before 22 Jun 2012 covering an entire class heading in the specifications.
What action should be taken?
As a result of this change, the European Union Intellectual Property Office (EUIPO) allows owner of EUTM that is (1) filed before 22 June 2012, and (2) includes an entire class heading in the specifications, to file a declaration to declare its intention that the use of class heading was to cover goods/services beyond the literal meaning of the class heading.
The deadline to file such declaration is 24 September 2016. If the owner failed to file such declaration, the use of class heading in the specification would be deemed to cover goods/services under the literal meaning of the class heading.
What you should do?
If you own a EUTM that is filed before 22 June 2012, you should review the specification and check if the literal meaning of the specification sufficiently cover all the goods/services of interest.
How can OLN assist?
We can assist in identifying if the specification of the relevant EUTMs includes class heading, thus qualifying to file an Article 28 declaration. Further, we can advise the appropriate goods/services to be included in the declaration to protect your interest, and file the declaration on your behalf with the EUIPO.
This article is for information purposes only. Its contents do not constitute legal advice and readers should not regard this article as a substitute for detailed advice in individual instances.