China does a lousy job policing bad-faith trademark registrations and that makes trademark squatting a profitable and low-risk activity in China. Those unfamiliar with Chinese trademark practice might think the problem is China’s trademark law. Not so. China’s Trademark Law has a number of provisions that could easily be invoked to combat trademark squatting, including
I did an interview the other day with GlobalAutoIndustry.com, on China IP Challenges for Automotive Suppliers, dealing mostly with automotive high-tech, which in most respects is no different from high tech generally. The below is a transcript of that interview. For anyone who has been living in a cave, the auto industry has changed, is
Your brand name and your product name and your logo are likely some of your company’s most valuable assets. Most companies realize this. Yet most companies do not realize how they put these things at risk by exploring doing business with China without FIRST applying for a China trademark. And in the past year or
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
The Trump Administration is claiming China’s government forces American companies to relinquish its IP to China. Having worked on hundreds of China transactions that involve IP, I view things rather differently. I have never been involved in a China transaction where it has been clear that the Chinese government has forced our client to relinquish
“work made for hire” The basis for the “work made for hire” (often shortened to “work for hire”) doctrine is clear: employers should own (some) rights to work created by their employees, whether such work is protectable by copyright, patent, or some other IP right. “invention for hire” doctrine in China But legally, it’s as
American and European companies constantly come to my law firm’s China lawyers seeking to “shore up” their China IP protections. These are mostly companies that have been doing business in or with China for months or years and have now decided they are doing well enough in China to start paying to protect what they
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
