Copyright, designs & trademarks

Both the national and international registration routes have benefits and pitfalls for foreign entities seeking to register their trademarks in China. It is crucial to develop a thorough checklist in order to make an informed decision.

11 January 2023

Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.

14 December 2022

The CNIPA is beefing up efforts to clamp down on bad-faith filings, so it is crucial that brand owners leave no stone unturned to prove bad faith of copycat infringers.

07 December 2022

Frankfurt’s regional court has ruled that the famous toy does not qualify for copyright protection, highlighting the strategic value of using a variety of different rights to protect functional objects.

07 December 2022

Kanye West’s IP rights holding company makes appearance as Chinese numbers drop

02 December 2022

An updated framework allows for renewed understanding of the way that a broad array of potential brand assets can drive value for knowledge companies

23 November 2022

Featured in China: Managing the IP Lifecycle 2023

Conventional 2D trademarks that are deemed indistinct can obtain distinctiveness with the addition of unique features. For instance, a mark containing the single letter ‘M’ in plain form is deemed to be indistinctive; however, if the letter is sufficiently stylised, such as in the case of the golden arches symbol of McDonald’s, it can obtain distinctiveness. It has, therefore, been debated whether 3D marks in similar situations can be treated similarly. The laws governing the issue have evolved over time in China.

02 November 2022

Elizabeth Lester, assistant general counsel of intellectual property, speaks to IAM about letting the business drive priorities in a small patent and trademark department

26 October 2022

It is crucial that a buyer or seller of a company does not overlook trademarks and brands in business acquisitions, or any red flags in that area. Luckily, there are solutions to overcome such complexities.

26 October 2022

Local expert says scrapping government subsidies for applications would soon see the volume subside

21 October 2022