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Vivien Chan & Co

World IP Survey Coverage: Print-friendly version

Editorial coverage

China

Much of the strength and admiration of Vivien Chan & Co emanates from name partner Vivien Chan, whom clients are quick to praise. "My recommendation of Ms Chan and her firm is based on the fact that, in my over 30 years of practice, I have not encountered a practitioner and firm that is as effective, responsive, cost-effective and easy to work with as Ms Chan and her firm," says a client, adding: "I have not seen any reason to seek out or use any other firm."

Another client who works with the firm on litigation shares a similar view: "Many Chinese firms will simply tell you the law in China and not offer a strategy as to how to achieve your goals. Vivien will offer the strategy."

In 2009 and 2010, Chan took a trade mark registration case for Land Rover to court. Land Rover applied to register marks LR1, LR2, LR4 and LR5, but its applications were rejected by the CTMO and the TRAB on the customary basis that the marks are similar with model number of vehicles and lack distinctiveness. Land Rover appealed to Beijing First Intermediate People's Court and Beijing Municipal Higher People's Court and succeeded in overturning the two official decisions.


Hong Kong

"I have nothing but good things to say about this firm," says a client of Vivien Chan & Co. "It gives very practical advice, taking into account local practice and customs." A respected practitioner in the Hong Kong and China legal market, name partner Vivien Chan commands respect from people who have worked with her: "Vivien is a true professional. Her English is flawless and her advice is always sound and considers cost," says one.

Another has this to say: "Ms Chan has a thorough knowledge of applicable IP principles and precedents as well as experience, resourcefulness, judgement and effectiveness. In addition, she is responsive and exceptionally easy to work with." A younger member in the firm, Owen Tse, was also tipped by the same client as a practitioner to watch.

A highlight of the firm's Hong Kong practice last year was representing a client who owns the IP rights of a famous cartoon series to sue its former counsel for the unauthorised registration of the names of the two cartoon characters as trade marks in her own name. One of the issues involved was breach of copyright ownership.


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