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 modifications introduced by the Legislative Yuan aim to strengthen the patent linkage system, while also enhancing the protection of copyrights and trademarks and responding to current trends.
04 May 2022
In Taiwan, a parody must be humorous, ironic or critical, while also being entertaining and contain the contradictory characteristics of the original and the unoriginal. Failure to prove this may result in criminal liability.
20 April 2022
After her long-awaited Senate confirmation, the agency’s new director has plenty on her plate and some unavoidably controversial decisions to make
07 April 2022
IAM’s Diversity 100 is a listing of the entities with the greatest proportion of female inventors named on US patent grants maintained between 1 January 2010 and 1 January 2022. It is dominated by life sciences companies and is a timely reminder of the importance of targeted and early recruitment, as well as inclusion programmes that genuinely promote parity
06 April 2022
A judicial interpretation of the Anti-Unfair Competition Law has now become effective, raising questions about the principle of fairness and how this should be understood, highlighting the inherent tension between IP protection and unfair competition.
06 April 2022
The introduction of more effective provisions in free trade agreements promises to give a boost to EU economies, including that of Greece. This is especially pertinent in light of the number of employees working in IP-intensive sectors.
06 April 2022
Returning from two action-packed days in London, IAM Deputy Editor Adam Houldsworth reflects on the surprising state of corporate UPC strategies, the rise of AI, FRAND fireworks and more
02 April 2022
IAM's sister platform World Trademark Review spoke to a Brussels-based trademark lawyer on a personal mission to help those affected by the Russian invasion
29 March 2022
In a snapshot of IP’s role in the pre-pandemic economy, USPTO also points out that patent-heavy sectors have kept pace with overall growth despite oft-critiqued law and policy changes
25 March 2022
Tillis staffer says proposal could address national IP policymaking that sometimes seems “disjointed”, but open questions include where the new agency would sit and how it would fund itself
18 March 2022
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