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JD.com becomes first Chinese marketplace to join AAFA; promises "cooperation with international fashion brands"
One of the largest online marketplaces in China, JD.com, has signed up to the American Apparel & Footwear Association with a pledge to partner with international fashion brands “on issues surrounding IP protection”. While it celebrates being the first Chinese e-commerce company to become a certified member of the association, some may see parallels between this move and Alibaba’s brief membership of the International Anti-counterfeiting Coalition which, nearly a year ago to the day, resulted in considerable kickback from members.
Pakistan recently added new IP provisions into its 2001 Customs Rules which are broadly expected to improve enforcement outcomes for brand owners importing goods into the country. The regulatory update comes amid a range of reforms that have been aimed at enhancing IP rights protections in Pakistan.
A recent judgment handed down by the Taiwan IP Court has highlighted how rights holders must act quickly if they believe their trademarks are being infringed or risk losing their ability to claim compensation.
Brand owners “are not taking appropriate steps to stop counterfeiting”, claims Indian regional official
A minister from the government of the Indian state of West Bengal has called on trademark owners to be more diligent in reporting suspected counterfeiting to local authorities, arguing that many “do not take it up seriously” when it comes to fighting fakes.
China’s top lawmakers met in Beijing last week for their annual plenary session, and the perennial issue of counterfeiting was up for discussion both within the legislative chamber and on the sidelines of the main event. In the run-up, several major players from Chinese industry called for stronger penalties for trademark infringement and counterfeiting offences.
After calling out “malicious” infringement complaints, Alibaba now points the finger at China's “ambiguous counterfeiting laws”
E-commerce giant Alibaba has criticised China’s IP laws and enforcement infrastructure, calling on authorities in its home country to impose stricter criminal penalties for counterfeiting amid mounting disapproval of the company’s own stance on the issue.
Indian study calls for “review” of graphic health warnings on tobacco packaging as illicit trade soars
The Federation of Indian Chambers of Commerce and Industry has called for a review of current policy regarding cigarette packaging graphic health warnings after research suggested that it may be a contributory factor in the country’s growing illicit trade in tobacco products.
When it comes to the availability of counterfeit goods, the size of the task facing e-commerce sites cannot be understated. However, reports of Amazon’s ‘investigations-per-hour’ approach to anti-counterfeiting has led to claims that quality in decision-making is suffering.
Last year was another busy one in terms of trademark strategy news, and the world’s largest and fastest-developing regional market was often at the centre of it all. World Trademark Review presents a retrospective on some of the key trademark and brand management developments in Asia-Pacific jurisdictions during 2016.
As Amazon faces a growing chorus of voices demanding that it does more to address its problem with fake goods, there are rumours that the company is working on a new anti-counterfeiting strategy.
China may prohibit ‘counterfeit hunters’ but encouraging consumers to root out fakes should not be given up
The rise of ‘counterfeit hunters’, ‘fake busters’ or ‘professional consumers’ was anticipated by some market observers before and after China reformed its consumer protection laws. Now, the Chinese government is considering a revision of the law that would prohibit the payment of fraudulent sales compensation to individuals seeking them “for commercial purposes”.
WHO may drop ‘counterfeit’ from its substandard drugs definition; move won't affect national legislation
The World Health Organisation is considering a recommendation that it drops use of the term ‘counterfeit’ when referring to drugs and other medical products that appear to fail regulatory standards and lack relevant approvals.
Amazon takes unprecedented action against alleged counterfeiters, but will it appease concerned IP owners?
For the first time in its history, Amazon has sued parties suspected of using its online platform to sell counterfeit goods. The litigation, filed last week, represents a positive step for the e-commerce company, which has often been accused of inaction when it comes to tackling counterfeits on its website. But trademark owners are likely to want to see a lot more from Amazon for their concerns to be significantly allayed.
Procter & Gamble appears to be intensifying its enforcement efforts in relation to its key product brands, as it tackles another alleged violation of IP rights covering its Head & Shoulders haircare line.
Trademark squatting remains a major problem for brand owners in China. But recent court cases indicate that counsel are calling on merchandising rights as a new strategy for combating bad-faith filings in the country.
Japan’s Ministry of the Economy, Trade and Industry has called for measures to combat the activities of ‘IP trolls’, including trademark squatting an issue that is attracting increased attention in the country.
Rights holders shouldn’t hold their breath over significant progress on Asia-Pacific trademark protection
Improvement of the regional trademark protection landscape was a key discussion point during the 13th China-ASEAN Expo, which draws to a close today in the Chinese city of Nanning. But in spite of the promising overtures from registration and enforcement agencies, heightened geopolitical tensions could hinder any attempts at progress.
Birkenstock leaves Amazon "to counterfeiters, fake suppliers and unauthorised sellers" as IP concern mounts
German footwear maker Birkenstock has decided to quit the Amazon marketplace in protest at what it perceives to be a lax approach to counterfeiting on the part of the online retailer.
China’s highest court has ruled that the fame of an infringed trademark should come into consideration when determining damages, with lower courts expected to follow suit. The decision looks to be a positive one for brand owners seeking higher damages in cases where it seems likely that flagrant copying has taken place.
A report released by the US Chamber of Commerce’s Global IP Centre (GIPC) this week indicates that as much as 86% of the world’s counterfeit goods originate from China. While there have been positive developments on the IP enforcement front in China over the past few years, the GIPC figures stand as a stark reminder that there is still a significant and perhaps insurmountable problem with counterfeiting in the country.
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