A Journey into fuliginous obscurity: Trademark “Use”, the CJEU, the Internet, s.18 Trademarks Ordinance et al.

Date: February 8, 2012 (Wednesday)

Time: 1pm – 2pm

Venue: Room 102, LG1 Floor, KK Leung Building, HKU

Speaker: Mr. Paul Sumpter, University of Auckland

The Hong Kong Trade Marks Ordinance, like its counterpart in the United Kingdom and Singapore, contains no express pre-condition for infringement that a mark must be used “as a trade mark”. The Court of Justice of the European Union has inserted into European, and therefore English, trade mark law such a requirement. Should we follow suit? What does it all mean anyway? These are some of the questions addressed with particular reference to recent CJEU Internet search engine cases.

About the Speaker
Paul Sumpter is a Senior Lecturer in the Faculty of Law at the University of Auckland, a consultant with Chapman Tripp, Barristers and Solicitors, and a member of the New Zealand Copyright Tribunal. He has practised intellectual property law for over 20 years, is admitted to the NZ and NSW bars and is a registered patent attorney. Included amongst his publications are “Trade Marks in Practice” (LexisNexis, 2nd ed., 2011) and “Intellectual Property: Principles in Practice” (CCH, 2006).