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   Consumer Law Fabric face masks are best used to protect existing N95s and surgical masks.”    Trade Secrets As local media in both Hong Kong and Mainland China continue to report instances of counterfeit masks being found for sale on major online platforms and retail outlets, the government in both jurisdictions have been quick to respond.    Airports As a trademark infringement is a civil wrong, the owner of the mark may be entitled to damages, injunction, destruction of the offending goods or delivery up of the goods.    Aircraft Finance The disposable face masks sold by Costco come in a pack of 50 so one box will last you a good long while.    Games The plaintiff has suffered or will likely suffer damage due to the misrepresentation.    Data Protection Officer Services Guide to IP rights in the UK International Expansion    Renewables The PRC Criminal Law contains penalties for producing/selling counterfeit products. Real Estate Trade Descriptions Ordinance (TDO) Cap 362. For serious cases, a fine of RMB1 million to 2 million may be levied and the business license could be revoked. In general, a basic surgical mask has three layers: the innermost layer is used for absorbing moisture (from the wearer’s breath, cough, sneeze etc. There are respirator surgical masks (or N95 masks; Figure 32-21, A), but for routine patient treatment, surgical masks should be sufficient (Figure 32-21, B). falsely claiming compliance to a standard specification). ... it sold more than 80 million masks. For China, the “Medical Device Classifications Catalogue” (effective 1 August 2018) lists both surgical mask (141304) and protective face mask for medical use (141401) as Class II medical devices. The infringement of a registered trademark in Hong Kong occurs if a person who is not the owner (or licensee) uses “in the course of trade or business a trade mark identical or similar to the registered trade mark in relation to identical or similar goods or services”. In general, surgical masks are about three times as effective at blocking virus-containing aerosols than homemade face masks, a 2013 study found. Israel    Energy Network and Transmission United Arab Emirates Outsourcing the wearer against splaIn 1897, Mikulicz, a German physician, published the first study which supports the need for wearing a surgical face masks. Cut open the mask and you should see a very obvious 3-layers, as shown below. International HR Services Luxembourg Restructuring and Insolvency Surgical masks can serve lighter duty uses. Practice Area This study was conducted to check the efficacy of face masks in limiting bacterial dispersal when worn continuously in Operation Theater. Slovak Republic    Product design South Korea Technology & Communications I charge $18 for each. Although there exists a national stockpile of 12 million N95 masks and 30 million surgical masks, the estimate is that the country will need 3.5 billion masks in …    Hotels, Hospitality & Leisure Nordic Region    White Collar Crime Investigations Please contact us if you require further information on these topics. Cloud Computing With the recent COVID-19 spread in the United States, people wearing surgical masks in public has become a common sight. Trade and Customs Denmark 3M Co. MMM 0.30% and a half dozen smaller competitors are making about 50 million of N95 masks—which block 95% of very small particles—in the U.S. … Influencer Marketing Credit: Belga Police seized a box of 35 surgical masks from a store in Deurne (Antwerp) on Saturday evening. Automotive Trade Secrets    Customs For an unregistered trademark, the owner of the mark is able to instigate proceedings against the infringer under the common law rule of passing off. Finance & Financial Regulation ... has announced that it's switching part of its production to making surgical masks. Given the demand, it is not surprising that there are widespread reports of counterfeit masks being sold online and in physical shop premises. The Regulations on Supervision and Administration of Medical Devices prohibit the sale of unregistered medical devices and institute penalty provisions for failing to register a medical device, manufacturing in an unlicensed facility and selling unregistered devices (fines of RMB50,000-100,000 if the total value of illegal products is under RMB10,000 or 10-20 times the value of sales if more than RMB10,000; and possibly a bar on applications for 5 years). The EU Trade Mark Reform - The biggest change to trade mark law for 20 years Coolie No. in close proximity to an infected person). Surgical masks are made of a nonwoven fabric created using a melt blowing process.    Music You can search by keyword, sector or practice area and then optionally filter by a location, Keywords Producing or selling a product that does not comply with national standards, or industrial standards for ensuring human health and personal safety can result in the confiscation of product, the issuing of a fine (up to 3 times the value of all illegal products) or potential criminal liability. ), the middle layer is a filter (for particles and infectious agents) and the outer layer repels liquid (e.g. Investigations    Publishing The Consumer Goods Safety Ordinance (CGSO) Cap 456.    Online & Digital    Venture Capital However, the quality of different brands may vary wildly, though the masks may look the same. Since the CDC’s announcement, Etsy has sold hundreds of … The penalties are imprisonment and fines equivalent of 0.5 to 2 times the sales amounts or confiscation of property.    Forensic Services Australia's Notifiable Data Breach Scheme Belgium Infrastructure Australia Mobile Health and pay damages and also order punitive damages up to 5 times the infringement amount. Central and Eastern Europe Many believe that the wearing of surgical face masks is the best protection against the virus, but, as recommended by the World Health Organisation ("WHO"), the best protection methods are to maintain a high level of personal hygiene through … Switzerland and Austria    Construction and engineering    Business Immigration    Oil & Gas    Luxury, Fashion & Retail In focus Southeast Europe and Turkey Under the Administrative provisions, there is potential for the infringement to warrant criminal investigation if the market regulation administration deems it a crime.    Copyright & related rights Indonesia Media, Entertainment and Sport New Year's Eve: 35,000 cops to be deplo... New Year's Eve: 35,000 cops to be deployed in Mumbai; parties on boats, terraces prohibited. For this reason, counterfeit surgical masks have the potential to expose wearers to significant harm should they be manufactured to substandard specifications. N95 respirators, surgical masks, and face masks are examples of personal protective equipment that are used to protect the wearer from airborne particles and from liquid contaminating the face. If you don’t have those 3 layers, then it is not a 3-ply mask. As an example, two regularly cited standards are the EU and US standards: To demonstrate what these standards mean for mask performance, a EN14683 Type II/ASTM level 1 mask will need to meet the following specifications: There are also Chinese Standards for surgical masks (GB 19083-2010 Technical Requirements for Protective Face Mask for Medical Use, YY 0469-2011 Surgical Masks) that provide the mandatory specifications for these products in China. Implementation Tracker AVMS Directive The statutory damage is up to RMB5 million if filed with the court (although, the final damages may be higher if supported by evidence), or up to 5 times the illegal turnover if turnover is > RMB50,000, or up to RMB250,000 if turnover is < RMB50,000 and potential revocation of the business license. In Your Corner    Transfer Pricing Western Europe The PRC Trademark Law makes it an offence to use and/or sell goods that violate another’s exclusive trademark. Latin America Surgical masks are more than just simple material that cover the nose and mouth; they are precise products that are required to meet certain specifications in order to provide sufficient protection.    Data breach & Incident Response Service    Competition Toolkit Video Demos Competition & EU Law Etsy, an e-commerce website that focuses on handmade and vintage items and craft supplies, has stepped up to the task.    Brands Poland The 3-ply surgical mask has become the most sought-after commodity during the Covid-19 pandemic, with many buying what they can get their hands on. The Unitary Patent and the Unified Patent Court    Nuclear Doctors are trying to spray it down with a disinfectant, hoping for the best, and are rationing as much as possible. As stated above, there are severe penalties for using another’s trademark or selling counterfeit products. India    Food & Beverage Kashibai Nawale Medical College, Pune and let me quote the abstract here. The TDO makes it an offence to use false trade descriptions for products in Hong Kong (e.g.    International Arbitration Middle East Germany However, by adding a few sheets of tissue paper inside, you can expect them to help block viruses as well. In addition, if the products are to be sold online, there are now also specific measures that must be taken to offer online sales of medical devices.    Capital Markets The fact is, there are millions of masks and PPE already in the USA but they are being sold … As only certain products meet these requirements, manufacturers of these products do not wish to see their logos or names associated with substandard and counterfeit products. The penalty levied by the market regulation administration may be an order to cease illegal acts, and impose a fine of RMB200,000 up to 1 million. Surgical masks made to different standards in different parts of the world have different ranges of particles which they filter. The company has in two months doubled global production of N95 masks to about 100 million a month, and it’s planning to invest in new equipment to push annual mask production to 2 … Under the common law, a person must prove three elements to demonstrate passing off: Similar to a registered trademark owner, the owner of the unregistered mark may be entitled to damages, injunction, destruction or delivery up of the goods. Surgical masks may be labeled as surgical, isolation, dental, or medical procedure masks.    Rail Part 2 of the TDO states: “any person who supplies goods with a false trade description in the course of trade or business, or is in possession of any goods for sale with a false trade description, or sells or possesses for sale any goods with a forged trademark commits an offence. Given the potential risk associated with surgical masks that do not meet the stated requirements, there is a general concern by governments and manufacturers that fake or counterfeit products may infiltrate the market. Tech Transactions Life Sciences    Data Centres    GDPR Some N95 masks, and even some cloth masks, have one-way valves that make them easier to breathe through. Surgical masks are intended to prevent infections in patients and treating personnel by catching bacteria shed in liquid droplets and aerosols from the wearer's mouth and nose. Diamond Broker falls prey to 'honey tra... Diamond Broker falls prey to 'honey trap' on Instagram, loses Rs 1 crore, Terms of Use and Grievance Redressal Policy. Product compliance and liability Many are made in China, and the Emergency Care Research Institute has found that 70% of KN95 masks imported from China don’t meet U.S. standards for … Japan What are the surgical mask specifications? The usual price is about S$5 for box of 50 surgical masks. United States In Hong Kong, customs officers launched a territory wide operation (codename – Guardian) on January 30 to inspect retail locations selling surgical masks. Have you found selling masks …    Procurement Challenges Unmanned Aerial Systems, Location “The Center for Disease Control notes that fabric masks are a crisis response option when other supplies are not available. OTT A counterfeit product is, under the law, deemed to be an unregistered product. UK Under the false representation provision, a business operator shall not attempt to mislead consumers about a product.    Energy Management    Food & Beverage Regulatory Navigating Hong Kong's Competition Law    Civil Law Investigations 1, a Christmas release, wins... Coolie No. The maximum penalty upon conviction is a fine of HK$500,000 and imprisonment for five years”. Sector Medicom Group, a Montreal medical supply company, usually makes 150 million masks per year at its factory near Angers, France. General Data Protection Regulation Under the Civil provisions, the court can order the infringing entity to cease manufacture/distribution etc. Looking for more information on surgical masks to meet your medical sourcing … The global press has reported on this unprecedented run on face masks in Mainland China and Hong Kong (and globally) which has resulted in a significant lack of availability.    Patents Most manufacturers Mirror spoke to said they were producing 1.5 lakh masks a day; PIC: SATISH MALAVADE, Copyright © Bennett, Coleman & Co. Ltd. All rights reserved. To ensure the quality and protection of these products, relevant standards exist for their manufacture. A surgical mask, also known as a medical face mask, is intended to be worn by health professionals during healthcare procedures. In Hong Kong, while there is no relevant regulatory provision for surgical masks, there are several relevant pieces of legislation related to trade and the consumer.    International Education The owner was selling them at inflated prices. For countries for which we obtained the yearly nationwide volume of major surgical procedures, we calculated the surgical rate per 100 000 people on the basis of the WHO reported population size.12 When surgical data were available for only a portion of a country, we calculated a province-wide surgical rate on the basis The video, shot on a street near Nagoya Station, shows a group of Chinese people handing out surgical masks, free of charge, to passersby.    Export Controls, Sanctions and Embargoes Surgical masks are specialist pieces of medical equipment designed predominately for use in the hospital environment to protect patients and healthcare staff from spreading and contracting disease. 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