Trademark Infringement and Enforcement in China
Protecting and Enforcing IP Rights Under Trademark Law Amendments, New IP Tribunal, and Recent Jurisprudence
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will offer guidance to counsel for companies operating in the Chinese market on protecting and asserting trademarks. The panel will examine China's current trademark environment, including the recent amendments to the trademark law and the new IP tribunal, as well as 2019 key decisions (including China Supreme Court’s decisions) which will have significant impacts to Western brands doing business in China. The panel will also outline best practices for counsel involved in infringement disputes in China.
Outline
- Amendments to China's trademark law
- Opposition and invalidation claim based on bad faith
- Enhanced damages
- Trademark litigation in China
- Recent changes to the court system
- Notable differences from the U.S. system
- Damages
- Settlement and key decisions including China Supreme Court’s decisions with major impacts on Western brands doing business in China
- Best practices
Benefits
The panel will review these and other vital questions:
- How do the 2019 amendments to China's trademark law improve a brand owner's ability to combat trademark squatters?
- What additional enforcement measures do the amendments provide brand owners?
- How have recent decisions hindered foreign companies' ability to protect their trademarks?
Faculty
Paolo Beconcini
Consultant
Squire Patton Boggs
Mr. Beconcini manages the trademark, copyright and design portfolios of European and US clients, conceives and... | Read More
Mr. Beconcini manages the trademark, copyright and design portfolios of European and US clients, conceives and implements IP litigation strategies, regularly appears in Chinese courts and attends IPR administrative and police raids on counterfeiters. Since 2012 he has headed the firm’s China Intellectual Property team spanning over several offices, including Beijing, Shanghai, Hong Kong and Los Angeles. He consults companies seeking protection for their IP rights in China and legal action against infringers, advising on issues of law and enforcement, conducting evidence gathering and piloting their cases through the Chinese legal system.
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Amy Hsiao
Partner
Adsero IP
Known for her talent to spot issues that appear harmless in Western legal systems, Ms. Hsiao brings a wide array of IP... | Read More
Known for her talent to spot issues that appear harmless in Western legal systems, Ms. Hsiao brings a wide array of IP experience and strong language and cultural fluencies to the table. Put simply, she gives peace of mind when it comes to IP in China. Ms. Hsiao focuses her practice on advising Western companies on trademark, copyright, and international business transactions in China and other Asian countries. She has pursued cases through all levels of China’s system and had achieved over 100 opposition wins. Ms. Hsiao has worked with policymakers from the U.S. and Europe on trademark arbitrations, criminal counterfeit seizures, and product recalls. She often assumes the role of a business advisor because of her ability to articulate differences between Eastern and Western systems and to turn large volumes of raw data into meaningful, actionable branding strategies. Ms. Hsiao is a contributor to China’s TM Textbook.
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