Protecting the looks of products in China

By Amy Hsiao and Christopher Shen

Infringers are getting smarter in China – they no longer copy trademarks directly but target a product’s look. So how can rights holders best protect unique packaging, creative shapes or innovative designs in the world’s biggest market?

Ten years ago, the hottest IP question in China was: “How do you protect a western brand?” Discussions relating to China’s sub-class system were an inevitable topic in almost every international trademark conference.

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Issue 72