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.
International firms are positive but local lawyers say it is too soon to predict impact without further clarifications
12 April 2023
Reported DG Grow proposals designed to make FRAND dealmaking in Europe more transparent, predictable and efficient are one-sided and poorly thought-through, so will do much more harm than good
30 March 2023
The move would entail a major shift for the organisation which does not have patent experience
29 March 2023
The long-running Zorro case clarifies the boundaries of parody in relation to well-known trademarks. The court asserted that a parody must respect a fair balance between the author's freedom of expression and the rights of the original work's owner.
29 March 2023
In an exclusive interview, IP head Van Nguy reveals her rubric for building a foundational portfolio on emerging tech including a mix of patents, trade secrets and trade dress
22 March 2023
New rules on transfer pricing drawn up by the OECD, which could be adopted by authorities in well over 100 countries, are set to have a major impact on how businesses manage their intangible assets
16 February 2023
Michael Tomasz hails result as a ‘strong outcome for IP protection’ in exclusive IAM interview
14 February 2023
Director General José Sánchez Pérez meets with local lawyers to discuss enforcement and implementation of IP law
25 January 2023
But values are plummeting, with Apple, Samsung, Huawei, Cisco, Intel and Sony all suffering at least a 10% drop
18 January 2023
Move could see ‘temporary paralysis’ at INPI
12 January 2023
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