The courts in China generally maintain in foreign-related OEM cases that affixing a trademark to a product should be deemed as use and that there is also a possibility of confusion. While some manufacturers have successfully defended themselves against claims of infringement, the cost is often high.
While the Trademark Law allows for parties to petition against a mark’s registration, it remains challenging for foreign companies to prove that a registered trademark should be invalidated, as collecting evidence of prior use and influence in China, as well as to show another party's bad faith, is becoming increasingly hard.
Trademark squatting has many forms. If a trademark is registered by your distributor or partner, there is still a chance that the trademark can be retrieved.
New research study on the exclusion of IP damages experts’ opinions, which reveals trends by US district court, IP case type and damages calculation method, could help chief IP officers better control litigation spend
20 September 2023
While new SAMR measures now provide a clear framework for handling corporate name disputes and specify some punitive measures, they only address conflicts between corporate names – not increasingly prevalent disputes between these and prior trademarks.
20 September 2023
Taiwan’s IP office has released a report analysing the number of green trademark applications filed in the past 10 years. It also reveals that the majority of green-mark strategies are based on energy saving, pollution control and energy products.
20 September 2023
While adoption is voluntary, the move should empower financial institutions, venture capitalists and valuation firms to better understand and evaluate IP as part of overall business valuations
15 September 2023
The plaintiff in a trademark infringement claim was found to have weaponised the suit to disrupt its rival’s business operations. The decision shows that the courts are aiming to draw clearer distinctions between rights holders that legitimately believe that their marks are being infringed and those that use their rights in bad faith.
13 September 2023
A recent IAM article that cast doubts on whether patents, trademarks and other rights can normally be regarded as standalone assets distinct from the entities that own them sparked a big response. This led its author, Joff Wild, to do some further thinking
07 September 2023
Rouse’s Nick Redfearn and Edmund J Baranda offer their insight into the interaction between politics and intellectual property in Southeast Asia
06 September 2023
The Supreme People’s Court has agreed to hear more retrial cases, which is good news for trademark owners. Until now, the vast majority of litigation in this area was initiated at the basic level; the Supreme People’s Court was out of reach for most infringement cases.
30 August 2023
Most patents and trademarks have little to no external worth. There is nothing to support the idea that a large body of assets exists that can be used by their owners to raise money against
24 August 2023
Corporate IP executives, deal makers, brand leaders, policy experts and legal advisers will convene in São Paulo to share best practices and insights
22 July 2023
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