China trademark squatting

Is There a Squatter on My China Trademark and if There is What Should I Do?

A number of Chinese trademark law firms have of late been trying to drum up American clients on China trademark matters. I say this because my firm's China trademark lawyers have been getting a steady stream of emails from U.S. lawyers and companies contacted by these Chinese trademark law firms. The Chinese law firms are writing to U.S. lawyers and companies to alert them of trademark filings in China of the same trademarks owned by the company in the United States. These emails from the Chinese trademark attorneys to U.S. trademark attorneys usually go as follows:

Amazon IP

Amazon Seller Shenanigans and Why You Must Register Your Copyrights

Copyright owners can notify online service providers about infringing material The Digital Millennium Copyright Act (DMCA) establishes a process whereby copyright owners can notify online service providers such as Amazon about infringing material and request that it be taken down. Such infringing material can include product images, logos (which may be eligible for trademark protection),

China NNN Agreements

China NNN Agreements: Essential and NOT for Trade Secrets

When my law firm’s international manufacturing lawyers  work on international manufacturing arrangements, we never just draft a “straight NDA.” Instead, we draft a “non-disclosure/non-use/non-circumvention agreement” that we refer to as an NNN Agreement. Why? Because a Western-style NDA is worthless or worse for China. For China, you need a China-specific NNN Agreement. 1. China NNN

AI Artificial Intelligence China

AI and Copyright in China

Ownership of copyright by nonhumans is not allowed in China, but increasing AI capabilities could spur changes in legal thinking.

China copyright protection

China Copyright Protection for Applied Art

With no explicit provisions in China's copyright law for the protection of works of applied art, courts have until now used different approaches when considering the issue. In some cases, protection has been extended based on the protections afforded to works of fine art. However, in last year's Guiding Case No. 157 (指导案例157号), the Supreme People's Court (SPC) endorsed the view that works of applied art are entitled to copyright protection in their own right.

Trademark symbol and a bomb

China Trademark Squatters: A Danger for All

When it comes to China IP protection, one of the greatest mistakes a brand can make is failing to register its trademarks in China. An unregistered trademark is a tempting target for trademark squatters (and other bad-faith actors, such as unscrupulous competitors), who register trademarks in the hopes of a payday from legitimate owners. China trademark squatters are looking for victims all the time. What's more, they will take their chances on just about any trademark, regardless of how small the brand, as long as there is a chance their bet will pay off. And given that it's not very costly to register a mark in China, the chances of success don't have to be high for the gamble to make economic sense.

Chinese Free Look Schemes to Steal your IP

Chinese Free Look Schemes to Steal your IP

Last week, I wrote about how Chinese companies use fake investment scams to trick foreign companies into turning over their IP. This post goes into additional detail regarding the China fake investment scam, but it also goes beyond it to ecompass the various IP theft scams our China lawyers have been seeing in the last couple of years.

China Steal your IP

Investing in Your Business to Steal your IP

One of the more sophisticated and costly scams we see is what we call the "investing in your business to steal your IP scam." We see this scam maybe 4-5 times a year, mostly before they happen and mostly before the company  realizes a scam is about to take place. 

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