Music 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. 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 frequent washing of hands, cover the nose and mouth when sneezing/coughing and wear masks only in specific circumstances (e.g. Technology & Communications 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. Tax A counterfeit product is, under the law, deemed to be an unregistered product.    Broadcasting Given the demand, it is not surprising that there are widespread reports of counterfeit masks being sold online and in physical shop premises. The important point for manufacturers to note is that there are mechanisms in place in both Mainland China and Hong Kong that can protect their trademark and product name should they become aware of counterfeit products. Franchising    Cloud, Software & Services Esports For this reason, counterfeit surgical masks have the potential to expose wearers to significant harm should they be manufactured to substandard specifications.    Mergers & Acquisitions    Copyright & related rights Poaching, a well-practised art in the BJP playbook. These regulations also have penalties for the false advertising of medical products (e.g. Intellectual Property Cloud Computing International Expansion Copyright Directive France India Trade Secrets Mobile Health Reports of Trade Mark Cases for CIPA Journal However, the quality of different brands may vary wildly, though the masks may look the same. European Electronic Communications Code 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. Cybersecurity What are the surgical mask specifications? 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. In Mainland China, there are several legal provisions which can potentially be relied upon against counterfeit surgical masks. With the recent COVID-19 spread in the United States, people wearing surgical masks in public has become a common sight. Surgical masks, once simply a strip of cloth tied around the face of a doctor or nurse, are today manufactured using non-woven fabrics made from plastics like polypropylene to filter and protect.They are also available in many different styles and grades depending on the level of protection the user requires.    Hotels, Hospitality & Leisure    Airlines This law also contains penalty provisions if there is fabrication or fraudulent use of certification marks or other quality marks (confiscation of product and any illegal gain, a fine up to the total value of the illegal products and potential revocation of the business license). 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.    Mining and Minerals Outsourcing OTT    Tax Disputes The TDO makes it an offence to use false trade descriptions for products in Hong Kong (e.g. This can often be through the use of another’s brand name, trademark or packaging etc. As evidenced by these standards, the manufacturing of a surgical mask must be undertaken with some degree of precision. falsely claiming compliance to a standard specification).    Life Sciences Three-ply surgical masks cost less than a rupee each to make, and in normal times are sold to retailers at Re 1 to Rs 2 each. Australia's Notifiable Data Breach Scheme In Your Corner    Customs 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. The owner was selling them at inflated prices. Netherlands Please contact us if you require further information on these topics. Africa    Online & Digital However, by adding a few sheets of tissue paper inside, you can expect them to help block viruses as well. Regulatory and Administrative    Airports For serious cases, a fine of RMB1 million to 2 million may be levied and the business license could be revoked. Navigating Hong Kong's Competition Law Geo-Blocking The plaintiff’s relevant goods/services have goodwill or reputation in the market. The current global concern around Coronavirus disease 2019 (COVID-19) has drawn significant attention to how best to contain its spread. Middle East Luxembourg    GDPR In 2018, more than 5.5 billion masks of different kinds were manufactured, of which 4.3 billion were for personal use. Public Projects and Procurement Finland Denmark In Hong Kong, customs officers launched a territory wide operation (codename – Guardian) on January 30 to inspect retail locations selling surgical masks. Poland ... it sold more than 80 million masks.    Food & Beverage    Energy Management    Procurement Challenges ), the middle layer is a filter (for particles and infectious agents) and the outer layer repels liquid (e.g. 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 … One example in recent weeks was the seizure of 50,000 fake masks in Yiwu, a manufacturing hub in the eastern Zhejiang province. water, blood etc.). This article discusses the key IP and regulatory issues relating to surgical masks and penalties for the production of counterfeit products. Yes, many N95 and P100 respirators and disposable masks can help prevent airborne viruses from infecting you, including the virus. 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. This action occurs when another person unlawfully misrepresents that their product or service is that of another person. Enforcement action to tackle counterfeit surgical masks.    Venture Capital If it is a 3-ply mask, logically, it would need to have 3 layers.    Construction and engineering Central and Eastern Europe Unmanned Aerial Systems, Location    Marketing    Employment On Feb. 4, a Hong Kong trading company announced it had 11,000 boxes of surgical masks to sell for HK$80 ($10.30) each over the following two days, limit two per person. The penalties are imprisonment and fines equivalent of 0.5 to 2 times the sales amounts or confiscation of property. Like surgical masks, N95 masks are intended to be disposable. The PRC Anti-Unfair Competition Law makes misleading buyers and false representations a violation of the law. The CGSO also requires that, if a standard exists, the goods are required to meet that standard to be manufactured, supplied or imported into Hong Kong. Guide to IP rights in the UK    Data Centres Financial Services How many masks have you sold? Surgical masks may be labeled as surgical, isolation, dental, or medical procedure masks. This resulted in the seizure of 68,000 suspected counterfeit masks at one location and the arrest of the shop’s proprietor. South Korea The PRC Criminal Law contains penalties for producing/selling counterfeit products. There are both Civil and Administrative actions that can be instigated against an infringer. There are varying levels of quality for surgical masks and the extent of protection depends on the specifications of manufacture. Investigations    Renewables At the beginning … This study was conducted to check the efficacy of face masks in limiting bacterial dispersal when worn continuously in Operation Theater. The Internet of Things The usual price is about S$5 for box of 50 surgical masks. The 3 layers would typically consist of a Translucent piece (top), White piece (middle), and the coloured piece (Green, Blue, or even White). Sweden Inslee's office said the federal government hasn't filled the state's most recent request for tens of thousands of additional N95 respirators, surgical masks and face shields. United States The maximum penalty upon conviction is a fine of HK$100,000 and imprisonment for one year on first conviction, and HK$500,000 and imprisonment for two years on subsequent conviction”.    Data Protection Officer Services General Data Protection Regulation Spain    Nuclear Competition & EU Law Western Europe    Transactional IP 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.    White Collar Crime Investigations Trade and Customs Regulatory & Public Affairs Automotive North America Influencer Marketing Trade Descriptions Ordinance (TDO) Cap 362. But to prevent the panic-buying situation we …    Luxury, Fashion & Retail 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. The plaintiff has suffered or will likely suffer damage due to the misrepresentation. Asia-Pacific    Wellness 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.    Corporate Tax Medical Devices China Fabric face masks are best used to protect existing N95s and surgical masks.”    Food & Beverage Regulatory 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. …    Data breach & Incident Response Service The fact is, there are millions of masks and PPE already in the USA but they are being sold … For reprint rights:Times Syndication Service, Production of surgical 3-ply masks skyrockets. The CGSO also has provisions under its Part 2 that make it “an offence to supply, manufacture or import into Hong Kong consumer goods unless the goods comply with the general safety requirements for consumer goods. Corporate Counterfeit products will often look like the real product and will use logos, emblems and registration numbers/certifications in an attempt to look like the real product. Israel Against this background, we examine enforcement options legitimate mask manufacturers may have against counterfeit products, and the penalties which exist for companies making counterfeit masks.    Trade Secrets 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”. Etsy, an e-commerce website that focuses on handmade and vintage items and craft supplies, has stepped up to the task. 1, a Christmas release, wins... Coolie No. Similar counterfeiting issues have been evident in Mainland China.    Satellite and Space activities    Games    Consumer Law Energy & Utilities The video, shot on a street near Nagoya Station, shows a group of Chinese people handing out surgical masks, free of charge, to passersby.    Business Immigration 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. These latter two penalties carry more severe punishments if they occur during periods of prevention and control of sudden infectious diseases.    Trade Regulatory Bird and Bird have significant expertise in the protection of trademarks and the institution of anti-counterfeiting claims in both Mainland China and Hong Kong. Some N95 masks, and even some cloth masks, have one-way valves that make them easier to breathe through. Looking for more information on surgical masks to meet your medical sourcing … 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. Dombivli resident with travel history t... Dombivli resident with travel history to UK tests positive for coronavirus. Finance & Financial Regulation Italy Latin America    Competition Toolkit Video Demos ... has announced that it's switching part of its production to making surgical masks. 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. Credit: Belga Police seized a box of 35 surgical masks from a store in Deurne (Antwerp) on Saturday evening. Payment Services    Transfer Pricing Transact. Tessellate Surgical masks can serve lighter duty uses. Police seize surgical masks sold for three euros each in Deurne . Under the Civil provisions, the court can order the infringing entity to cease manufacture/distribution etc. Oxygy A significant element of the law is that there are penalties for producing and selling fake or substandard commodities and for selling medical devices that do not comply with the national or industrial standards for safeguarding human health.    Communications Aaditya Thackeray on ED notices to Maha... Aaditya Thackeray on ED notices to Maharashtra leaders. I've sold about 150 masks so far. However, with surgical masks, the counterfeit products will not offer the same protection as the real product. N95 masks are in short supply, and people who don’t need them are using them.    Competition & Regulatory Investigations I've never had this much demand for something so fast! A surgical mask, also known as a medical face mask, is intended to be worn by health professionals during healthcare procedures. 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.    Civil Law Investigations Australia 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. Life Sciences and Healthcare In general, surgical masks are about three times as effective at blocking virus-containing aerosols than homemade face masks, a 2013 study found. Brexit Transform. In focus 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. 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. Doctors are trying to spray it down with a disinfectant, hoping for the best, and are rationing as much as possible. The Consumer Goods Safety Ordinance (CGSO) Cap 456. This classification places legislative requirements on the product in terms of specifications, license to manufacture, quality control and recording of business operations. Slovak Republic    Sport Russia and the CIS    Patents If there is a known history of the patient having influenza, such as H1N1, the dentist may have to wear an N95 face mask. The penalty for such violation will depend on where the case is filed. Product compliance and liability Go, For a fourth consecutive year we have asked our @twobirdstech experts from around the world to predict the challeng… https://t.co/VF9FZJhfBN, Francine Cunningham @frcunningham speaks to @Telegraph about The Digital Services Act and how the rules would see t… https://t.co/1iG9lCLdFO, EU: BS EN 14683:2019 - Medical face masks.    Travel Under the Administrative provisions, there is potential for the infringement to warrant criminal investigation if the market regulation administration deems it a crime. Under the false representation provision, a business operator shall not attempt to mislead consumers about a product. 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. Dispute Resolution The PRC Product Quality Law makes selling a counterfeit surgical mask a potential legal violation. There was a study done by Smt. International HR Services    Healthcare Cut open the mask and you should see a very obvious 3-layers, as shown below. David DiSalvo, writing for Forbes, observed the buying and selling of N95 marks.    Rail Media, Entertainment and Sport Hungary While surgical masks are fluid-resistant and able to filter bacteria more effectively, reusable masks made of cloth or paper can still serve as a form of basic protection. If you don’t have those 3 layers, then it is not a 3-ply mask. The current global concern around Coronavirus disease 2019 (COVID-19) has drawn significant attention to how best to contain its spread. The Unitary Patent and the Unified Patent Court In Focus Blockchain Aviation & Aerospace    Export Controls, Sanctions and Embargoes Autonomous Driving    Aircraft Finance Defence & Security Czech Republic in close proximity to an infected person). Coronavirus (COVID-19) To ensure the quality and protection of these products, relevant standards exist for their manufacture. You can search by keyword, sector or practice area and then optionally filter by a location, Keywords 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. making false claims of product effectiveness).    Gambling United Arab Emirates Surgical masks made to different standards in different parts of the world have different ranges of particles which they filter. Retail and Consumer Requirements and test methods, US: ASTM2100 (American Society for Testing and Materials) Standard Specification for Performance of Materials Used in Medical Face Masks, Bacteria Filtration Efficiency (BFE): >98% (Size of typical bacteria at 3-5 microns), Particulate Filtration Efficiency (PFE): >99% 0.1 micron particle size, Differential Pressure (Delta P): <3.0 mm (Breathability - Pressure Difference, low value is better), Fluid resistance: 80 mmHg (Measure the ability to resist fluids at a specified pressure; level 1 = 80mmHg, Level 2 = 120 mmHg, level 3 = 160 mmHg). Kashibai Nawale Medical College, Pune and let me quote the abstract here.    Forensic Services The EU Whistleblowing Directive Coolie No.    Indirect Tax, Trade and Customs Mumbai's famous sexpert Dr Mahinder Wat... Mumbai's famous sexpert Dr Mahinder Watsa passes away.    Oil & Gas Implementation Tracker AVMS Directive Infrastructure Medicom Group, a Montreal medical supply company, usually makes 150 million masks per year at its factory near Angers, France. 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). Masks mandatory in Maharashtra for next six months, says Chief Minist... Mumbai Santa spreads joy, distribute sanitisers, masks, BMC books three for not wearing masks, offers new one.    Postal    Energy Network and Transmission Sunday, 22 March 2020 .    EU Trade Defence The EU Trade Mark Reform - The biggest change to trade mark law for 20 years If the product does not meet these specifications, they may not function as required and place the wearer at significant risk. The disposable face masks sold by Costco come in a pack of 50 so one box will last you a good long while. Life Sciences Switzerland and Austria Digital Services Tax According to its functions, the surgical masks includes the ordinary surgical mask and N95 surgical mask.    Private Equity The infringer has made a misrepresentation leading or will likely lead the public to believe their goods were those of the plaintiff. 4.3 billion were how many surgical masks are sold yearly personal use issues relating to surgical masks made to different standards in different parts the... 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