In the past few months, our China lawyers have been seeing something new and troubling with China licensing agreements. Before I explain, let me step back and give a bit of history. This post is important so please stay with me. In a typical China licensing deal the foreign licensor grants the Chinese licensee the
Everything China comes in waves and China trademark “theft” is no different. When we first started this blog back in 2006, we would get a call just about every week from someone wanting to sue a Chinese company blocking the company’s product from leaving China. We hated those calls because most of the time our
Currently, the number one film in China is the smash hit Hello Mr. Billionaire (US$306M and counting). It’s a comedy about a hapless soccer player who stands to inherit 30 billion RMB, but only if he can spend 1 billion RMB in a month (albeit with a number of complicated conditions, like no gambling, donating
Developing self driving cars is the centerpiece of the Chinese government’s plan to redesign its manufacturing and technology sector. The Chinese have coined the term Intelligent and Connected Vehicles (ICV) (智能网联汽车）as their technical term for the China version of what is an international race towards a difficult technical goal. The ICV is an ideal goal
Our China trademark lawyers are often asked about the difference between the Nice Classification system for trademarks and China’s trademark subclass system. They are related, but quite different. The Nice Classification system is an international classification of goods and services that separates all possible goods and services into 45 classes: 34 classes for goods and
Our China IP lawyers have lately been seeing a steady increase in China design patent filings, as Western companies increasingly come to understand the need to be proactive in protecting their IP from China. We file most design patents to protect product designs, but some are filed for defensive purposes. The defensive design patents are
When working on complex contract manufacturing agreements, most of our clients tell us their main goal is to protect their intellectual property. This is particularly true for designers of start-up products where much of of their IP consists of trade secrets and know-how that require a formal agreement with the manufacturer. However, as we work
Pre-application trademark searches and post-application notices from the China Trademark Office (CTMO) are increasingly revealing conflicts with existing trademark registrations and pending trademark applications. Given the vast number of trademarks being filed in China, this comes as no surprise. But a cited conflict, whether in a search or from the CTMO examiner, isn’t necessarily the
1. China Prohibits Foreign Investment in Online Game Publishing Goreign companies are not allowed to invest in online game publishing in China. Reiterated in the 2016 Administration Rules for Online Publishing Service (2016 OPS Rules), online games are considered online publications and offering such publications via information networks is providing online publishing services. According to
I recently spoke in Beijing at a conference on legal protection of sports broadcasts, organized by the National Copyright Administration of China (NCAC) and the United States Patent and Trademark Office. Other speakers included Chinese judges, Chinese and American lawyers and academics, sports league and broadcaster general counsel, and American and European IP officials. What
