Blog results - found 26
Chinese entities now own almost half of all new generic top-level domain (gTLD) registrations, with nine of the top 10 new gTLD registrants associated with the country, according to recent reports. With another tranche of gTLDs just approved for sale by the Chinese government, many brand owners will be concerned about what this all means for their trademark protection strategies.
Halving of Chinese trademark fees provides immediate costs benefit for counsel, but raises squatting concerns
Reversing a trend towards increases seen across several Asian jurisdictions of late, the China Trademark Office of the State Administration of Industry and Commerce has slashed user fees by half. While the reduction is welcome in terms of budgets, many trademark counsel will be concerned about a potential increase in indirect enforcement costs should squatters try to take advantage of the lower fees.
The Beijing IP Court has overturned a local administrative ruling which could have seen Apple’s iPhone 6 and 6 Plus smartphones banned from sale in the Chinese capital over an alleged design rights infringement.
15 years at the top: China’s trademark office received a record-breaking 3.7 million applications last year
The State Administration of Industry and Commerce (SAIC) the regulatory body that encompasses China’s national trademark office announced some headline figures for 2016 yesterday. China continues to lead the world in trademark filings and year-to-year growth shows no sign of slowing down.
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.
Supreme People’s Court issues guidance on protection of publicity rights in light of Qiaodan decision
Following its ruling in the widely publicised Qiaodan dispute, China’s highest court has issued a judicial interpretation on the registrability of personal names of celebrities and other ‘public figures’ under the country’s Trademark Law.
One-fifth of foreign applicants’ judicial challenges against Chinese trademark office decisions are successful
Data on administrative disputes at the Beijing IP Court indicates that foreign parties have enjoyed particular success in recent years in reversing unfavourable decisions made by the Trademark Office of the State Administration of Industry and Commerce, China’s trademark-issuing agency.
First in-depth trademark data from Beijing IP Court reveals quarter of 2015 cases involved foreign parties
The first annual report on the activities of the Beijing IP Court published by litigation analytics firm IPHouse and covering 2015 suggests that the specialist venue is proving an efficient forum for domestic and foreign trademark owners alike.
China’s top court has handed down its eagerly anticipated ruling in one of the country’s most high-profile trademark cases to date. While it is a partially positive result for former professional basketball player Michael Jordan, commentators note that it is too early to adjudge its wider effect.
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”.
$18 billion in sales makes for Alibaba’s biggest-ever Singles Day but what cut is going to counterfeiters?
The Chinese celebration of Singles Day each November 11 has become one of the world’s largest shopping events and has arguably turned into the most important day in the calendar for many of the world’s top brand owners. But as e-commerce giant Alibaba reports record Singles Day turnover for 2016, as well as greater-than-ever buy-in from foreign brands, the true extent of trademark infringement and counterfeit trade taking place during the event remains to be seen.
Findings of recent research into the effects of new gTLDs on competition in the wider domain industry indicates that Chinese entities have been among the busiest in ringfencing the new web space opened up by the programme. The lowdown for trademark counsel is that China is likely to feature ever more prominently in their enforcement projects going forward.
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.
Trademark enforcement data emanating from China shows that civil infringement litigation is on the rise perhaps indicating that the country’s courts are shaking off their negative image for unpredictable judgments and protectionist biases. But a closer look at the evidence suggests that Chinese courts are still failing to attract foreign rights holders.
Recently released data suggests that foreign trademark owners have enjoyed significant success as plaintiffs at the Beijing IP Court since it was established 18 months ago.
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.
A Beijing agency’s decision last week to issue an injunction against several iPhone products has come as a blow for tech giant Apple. It also highlights that, with Chinese rights holders becoming more proactive in asserting their design rights, trademark counsel should be mindful of the country’s industrial designs regime to avoid any pitfalls and to leverage it where possible to strengthen their IP portfolios.
Lending against IP assets remains, on the whole, a tricky business, in part due to the lack of a single widely accepted method of valuation. But in China, it seems that such concerns have not hindered the development of a multimillion-dollar market in trademark, patent and copyright-backed loans. However, over the past year, the economic slowdown has put the brakes on brand-backed lending.
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