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

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Conducted on Tuesday, February 11, 2020

Recorded event now available

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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.

Description

Recently, there have been significant changes to China's trademark law. Among these changes are the introduction of a new formal opposition and invalidation claim based on bad faith to be used against trademark squatters and their agents. The 2019 amendments, which went into force on Nov. 1, 2019, also increase the damages for trademark infringement and provide for the compulsory destruction of goods with counterfeit trademarks when the mark owner requests it.

Further, legislation on financial and credit punishment for repeating IP infringers, which is part of the upcoming 2020 introduction of the new Social Credit System for Chinese citizens, changes the game in favor of rights holders and against squatters.

Despite the changes that improve the ability for companies to protect their marks in China, recent jurisprudence of the Supreme People's Court has changed the playing field in OEM manufacturing and trademark protection and made it less favorable for foreign companies. The international trademark owners and their counsel need to understand the changes in China's trademark law and current jurisprudence to adequately protect and enforce their marks and achieve favorable results in China.

Listen as our authoritative panel of IP attorneys examines China's current trademark environment, particularly in light of the recent amendments to the trademark law. Also, the panel will discuss IP litigation in China, reviewing the impact of the new IP tribunal and noting the differences between the Chinese and U.S. litigation systems. The panel will offer best practices for protecting and enforcing IP rights in China.

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Outline

  1. Amendments to China's trademark law
    1. Opposition and invalidation claim based on bad faith
    2. Enhanced damages
  2. Trademark litigation in China
    1. Recent changes to the court system
    2. Notable differences from the U.S. system
    3. Damages
    4. Settlement and key decisions including China Supreme Court’s decisions with major impacts on Western brands doing business in China
  3. 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

Beconcini, Paolo
Paolo Beconcini
Consultant
Squire Patton Boggs

Mr. Beconcini manages the trademark, copyright and design portfolios of European and US clients, conceives and...  |  Read More

Hsiao, Amy
Amy Hsiao
Partner
Adsero IP

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 |  Read More

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