地缘政治不确定性下的中国商标挑战

中国商标与全球政治冲突

俄罗斯战争及其对中国品牌的影响

Russia's invasion of Ukraine highlights the brand risks international companies face when geopolitical conflicts force a market exit. Many companies that left Russia found their trademarks being used without their consent, leading to a devaluation of their brand. In particular, the Russia experience serves as a warning for brands operating in China. If political tensions cause a similar mass exodus, Chinese authorities may likewise disregard trademark rights. Companies should start preparing now.

Russia's invasion of Ukraine "brought about notable changes in the landscape for foreign trademark holders and local entities in Russia," as noted in a recent cover article by Riikka Palmos in Trademark Lawyer. As international brands fled Russia, their "retailers and former partners have continued using trademarks despite ending the cooperation and prohibition of such use." Brands present in China need to consider the implications for their trademarks of a scenario in which they are forced to exit the Chinese market.

In my experience advising numerous brands on their China trademark strategies, I've seen firsthand the difficulties of protecting intellectual property in China even during stable times. In times of conflict, these difficulties would likely multiply exponentially. Companies often underestimate these risks.

品牌退出中国的触发因素

One such scenario involves actions by China on the international stage that could lead to sanctions (or stronger responses), with accompanying pressure on brands to cease doing business there. Hostilities against neighboring countries like Taiwan or the Philippines are probably the best example, given the parallels to Russia's aggression against Ukraine.

Undoubtedly, for most brands, a decision to leave China would be tougher than one to quit Russia: China's population is ten times larger, with per capita income virtually identical. But for brands that cannot afford to entirely dismiss public opinion in markets like the United States and Europe, departure may be the least painful choice. And even if they wanted to stay, conditions on the ground might force their hand: American (and Australian, British, Japanese, etc.) brands might become targets of Chinese ire if their governments are actively supporting a war effort against China.

中国当局的内部举措也可能催生需要撤离的局面。目前多数西方企业仍保持亲华立场，但若其成员企业频遭禁令、拘押或被债权人扣押，这种态势或将逆转。受影响企业可能要求同业企业团结应对，而各国政府无论如何都可能采取惩罚性措施。

地缘政治与中国商标保护的相互作用

What could a China departure mean in practice for a brand's trademarks?

1. 离职后继续使用品牌

效仿俄罗斯的做法，分销商和零售商可能会寻找继续销售该品牌的方式，依靠灰色市场商品和/或假冒产品，可能得到中国当局的默许。

If distributors and retailers persist in using a brand after its departure from China, that usage will likely undermine the brand's exclusivity and the trust customers place in it. Gray-market goods might not meet the brand's quality standards, leading to diminished brand reputation. Moreover, counterfeits could further erode trust as consumers might end up with inferior or even hazardous products under the brand's name. Over time, the brand could lose its value and reputation.

2. 知识产权（IP）盗窃行为加剧

Disgruntled former employees or those with less loyalty to the brand might be tempted to sell or share trade secrets, designs, or other intellectual property with competitors. This could further erode the brand's competitive advantage in the Chinese market and beyond.

3. 法律行动的延误或疏忽

负责商标保护的法院和政府机构可能对那些侵犯已退出品牌商标权的行为拖延处理，甚至完全忽视这些品牌的投诉。在执行商标权时缺乏紧迫感或完全漠视，可能导致侵权行为泛滥。这种稀释效应会造成重大经济损失，尤其当假冒产品充斥市场时。

4. Lawyers' Reluctance

律师可能拒绝代理那些被中国视为敌对行为的品牌。由于愿意代理的律师稀缺，少数愿意代理外国品牌的律师可能会提高法律费用。这可能导致某些品牌对假冒者采取法律行动在经济上不再可行。

5. 海关限制

China Customs may not act against exports that infringe on the trademarks of blacklisted brands. Without the support of China Customs to prevent the export of infringing goods, counterfeit products could make their way to other markets globally. This not only affects the brand's image in China but could potentially harm its reputation on a global scale.