China

Live updates: IP offices implement measures in wake of coronavirus crisis

As the novel coronavirus epidemic continues to spread across the globe, WTR provides an updated look at measures that national IP offices have launched in response.

Live updates: IP offices implement measures in wake of coronavirus crisis
From Tokyo to Brisbane: inside the ever-evolving Olympic brand protection strategy
28 Jul 2021

From Tokyo to Brisbane: inside the ever-evolving Olympic brand protection strategy

Jayne Durden, vice president, law firm strategy at Anaqua, reveals how the International Olympic Committee enforces the Olympic brand and what actions sponsors and advertisers should take through every stage of the Olympic cycle.

Vodka wars, a crackdown on squatters and more: Asia-Pacific Legal Updates you may have missed
22 Jul 2021

Vodka wars, a crackdown on squatters and more: Asia-Pacific Legal Updates you may have missed

WTR’s Legal Updates are written by a select panel of over 160 leading experts who analyse the latest trademark-related developments and decisions in more than 60 jurisdictions.

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29 Jul 2021

China

Different legal provisions have different requirements for the extent of use to establish unregistered trademarks. Read more

26 Jul 2021

Trademark Office backs Xiaomi in opposition against copycat MI logo

This case was recently selected as one of the Chinese Trademark Office’s “Exemplary Trademark Opposition and Adjudication Cases of 2020”. Read more

22 Jul 2021

How to empower Chinese customs authorities

In the third and final instalment of a series on vital lessons to strengthen brand protection in China, we look at the General Administration of Customs’ new training programme. Read more

16 Jul 2021

Gmail offers authenticated brand logos; UKIPO launches bulk renewal service; L’Occitane wins in China – news digest

In our latest round-up, we look at INTA opening registrations for its Annual Meeting, Clarivate integrating its trademark solutions, Honduras joining TMclass, and much more. Read more

Anti-Counterfeiting

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15 Jul 2021

“Nothing has changed” – concern over stalled efforts to close counterfeit factories in China

Despite reports of increased police raids of factories producing counterfeit goods in China, experts on the ground have told WTR that there is little sign of a recent rise in legal enforcement. Read more

7 Jun 2021

Combat, compete or cooperate? New Zealand kiwifruit co-operative looks to brand deal to tackle unauthorised plantings

New Zealand kiwifruit co-operative Zespri is asking growers to explore a deal to address unauthorised plantings in China. Read more

25 May 2021

ABB wins rare private criminal prosecution and puts counterfeiter in jail for three-and-a-half years

This is a very rare win in China: there have been only a handful of private prosecutions brought by brand owners over the past decades, and very few were supported by the courts. Read more

17 May 2021

Court sentences defendants to a total of 42 years in prison following largest-ever raid against online counterfeit golf products sellers

Following the largest-ever raid of counterfeit golf equipment, which was executed by the Shanghai Police in cooperation with the US Golf Manufacturers Anti-counterfeiting Working Group, a court in Pudong district has convicted all 15 defendants. Read more

Brand management

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7 Jul 2021

Latest WTR report identifies top portfolio builders and presents thought leadership from in-house leaders

Titled “Inside in-house operations: how to build world-class trademark functions and portfolios”, the report takes a deep dive into portfolio, brand and in-house team management. Read more

7 Jul 2021

The China Trademark 50

Tencent owns the largest number of active Chinese trademarks with a portfolio of 37,205 applications. This is nearly 15,000 more than second-place Beijing Jingdong Triple Bai Lu Pick Up of E-commerce Limited. Read more

3 Jun 2021

Top tips for enforcement success as big changes to China’s copyright regime come into force

The Long Read: Beijing Kangrui Law Firm’s Echo Xu takes a deep dive into the amended Copyright Law – which came into force earlier this week – and sets out key recommendations for rights holders doing business in China. Read more

28 Apr 2021

Privacy alarm as applicant passport details published by China National Intellectual Property Administration

China’s National Intellectual Property Administration has published the passport details of thousands of individuals, WTR can reveal, including public figures such as Taylor Swift, JK Rowling and Lionel Messi. Read more

Enforcement and Litigation

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15 Jul 2021

Trademark prosecution in China: statistics and trends analysed

Statistics recently released by the CNIPA signal a downward trend in terms of the approval rate. In contrast, securing the cancellation or invalidation of a registered trademark has become increasingly easy in China. Read more

8 Jul 2021

New CNIPA and SAMR guiding opinions signal better protection for GIs

The China National Intellectual Property Administration and the State Administration for Market Regulation have published guiding opinions on further strengthening the protection of geographical indications, which came into effect on 21 May 2021. Read more

6 Jul 2021

Appeal court confirms $1.4 million infringement award in favour of L’Occitane

The case is yet another example of a multinational company successfully asserting its IP rights in China, which is increasingly becoming a destination for litigation. Read more

2 Jul 2021

A new chapter at the CNIPA: cracking down on trademark squatting

The CNIPA has released a revised draft of the Trademark Adjudication and Examination Criteria, which introduces a new chapter on the examination of “bad-faith trademark registrations not for the purpose of genuine use”. Read more

Government/Policy

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30 Jun 2021

The Chinese IP protection landscape looks bright – but more still needs to be done

Leading trademark practitioners discuss how the Chinese IP regime is improving for brand owners and, crucially, what the key areas of focus should be next. Read more

1 Jun 2021

Chia cryptocurrency trademark spat; BTS and McDonald’s collaborate; Gap and Walmart team up – news digest

In our latest round-up, we look at a report revealing that most consumers have "little faith" in brands, the China National IP Administration finding that Chinese firms have submitted "irregular" IP applications, and much more. Read more

21 May 2021

How China’s political disputes with trade partners impacted trademark filings, both at home and abroad

China is, and has been, embroiled in many disputes on the world stage, which has had knock-on effects on brand owners. Read more

20 May 2021

Fraud concern as hundreds of applicant passport numbers discoverable online, including TMview

A fraud expert has voiced concern at passport numbers of trademark applicants being published by IP offices around the world, all of which are discoverable on the EUIPO’s TMview search platform. Read more

Law Firms

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8 Jan 2021

LVMH completes Tiffany acquisition; AWS blow for Amazon; new USPTO deputy trademarks commissioner – news digest

In our latest round-up, we look at E & J Gallo Winery acquiring over 30 brands from Constellation, Taste Beauty being picked up by Centric Brands,  IPEC's new annual IP report, and much more. Read more

5 Jan 2021

Lego infringement sentences upheld; The Mandalorian tops piracy list; counterfeit face masks seized – news digest

In our latest round-up, we look at a new technology aiming to combat fake whisky, Novagraaf acquiring Thomsen Trampedach, how 2020 was a good year for purchasing well-known retail brands, and much more. Read more

24 Dec 2020

Trademarks during covid: exclusive insights from law firm experts in China and Japan

WTR presents insights on how the events of 2020 shaped the trademark practice of Hu Gang in China, and Tomoe Takahashi and Mikako Tsukada in Japan. Read more

11 Dec 2020

Chinese IP agency fined for fraud; USPTO appoints new policy chief; Brainbase CEO lauded – news digest

In our latest round-up, we look at Authentic Brands Group acquiring a stake in an event producer, authorities seizing a shipment of counterfeit 3M surgical masks, brands being urged to ‘inspire’, and much more. Read more

IP Offices

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21 Jun 2021

Register Tracker: Asia

China dominates this landscape with local brand owners active at home and in neighbouring countries. Read more

19 May 2021

TMview takes giant step forward as 32 million Chinese trademarks added to free database

The EUIPO and the China National IP Administration have today announced the availability of Chinese trademark data in TMview. Read more

27 Apr 2021

China publishes five-year plan to improve IP judicial system, but risk of increasing disputes could have adverse effect

The Supreme People’s Court has released its IP Judicial Protection Plan 2021-2025 in the latest of a series of moves by the government to help strengthen the Chinese IP regime. Read more

21 Apr 2021

What the EU-China GI agreement means for rights holders

In this guest post, Susan Fan, senior trademark agent in the Rouse Shanghai office, reflects on the impact of the latest EU-China agreement on GIs and presents insight into local and international protection strategies. Read more

Online

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11 May 2021

Update on the legislation and case law relating to online infringement in China

After six years of preparation, the E-commerce Law entered into force in January 2019. The new law provides, among other things, an important enforcement tool – the ‘notice and takedown’ system, which was introduced in the Civil Code and entered into effect on 1 January 2021. Read more

26 Mar 2021

Alibaba releases 2020 IP protection statistics as engagement with anti-counterfeiting alliance grows

Alibaba has released statistics from its 2020 IP Rights Protection Report, revealing that 96% of suspected infringing listings were proactively detected and removed after posting, before a sale could be made. Read more

10 Mar 2021

Brand enforcement is “an art, not a science” – exclusive interview with Marriott’s Elisabeth Escobar

In a candid conversation with Elisabeth Escobar, WTR hears how the hotel company has weathered the storm faced by the hotel sector in the pandemic. Read more

4 Nov 2020

Programme and first speakers revealed for Brand Strategy China 2020

Brand Strategy China will provide attendees with a series of talks delivering actionable takeaways for professionals tasked with protecting the integrity and maximising the value of their brands across Greater China. Read more

Portfolio Management

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30 Jun 2021

Tencent wins final-instance trial in HONOR OF KINGS dispute

In a victory for Chinese giant Tencent, the Beijing Higher People’s Court has confirmed that the mark HONOR OF KINGS, registered by Guizhou Wenqu Chengyu Liquor Co Ltd for alcoholic beverages, infringed Tencent's registered trademark for its mobile phone game Honor of Kings. Read more

5 May 2021

Chinese court ruling gives hope to victims of trademark squatting

This decision of the Minhang District (Shanghai) Court in a case involving the trademarks BRITA and DEBRITA is good news for victims of trademark squatting in China. Read more

18 Mar 2021

Morality refusal grounds are gone from the United States but are alive and well in China

In China, a broad swath of trademarks are likely to be refused based on the grounds that they are ‘unhealthy’. Read more

5 Mar 2021

Cognac fends off genericide attack in opposition proceedings

In a victory for the Bureau National Interprofessionnel du Cognac, the China National Intellectual Property Administration has dismissed oppositions against the registration of the GI collective marks COGNAC and 干邑 (‘Cognac’ in Chinese characters) in Class 33. Read more

Trademark law

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11 May 2021

Procedures and strategies for anti-counterfeiting: China

Customs protection is one of the important ways to protect intellectual property. The premise of such protection is simple: a trademark is registered and the owner of that mark applies to the General Administration of Customs for a record. Read more

27 Apr 2021

The Rolling Stones and New Balance feature in Asia-Pacific Legal Updates you may have missed

Each quarter we will be running a series of pieces presenting recent Legal Updates that you may have missed. For this instalment we turn our attention to the Asia-Pacific region. Read more

12 Apr 2021

Throwing shade at shadow companies - amendments to the Provisions on Administration of Enterprise Name Regulations

Compelling a shadow company to change its trade name used to be a costly and time-consuming exercise. However, several administrative measures have recently been introduced, marking a major improvement in the fight against shadow companies in China. Read more

16 Feb 2021

Higher damages and criminalisation: changes to IP protection in China signalled by Xi Jinping

In a recently published article, Xi Jinping, president of China, has made clear the country’s intention to continue strengthening IP protection for brand owners. Read more