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Knowledge

Below is a full archive of all SIPS publications

Trademark Enforcement

Protecting Your IP on Kickstarter

SIPS November 1, 2016 Trademark Enforcement

If you’re crowd-funding a popular product on Kickstarter, there’s a good chance that Chinese pirates have already stolen your idea. As detailed in a recent …

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bad faithinfringementkickstartertrademark piracy
Trademark Registration

The Pitfalls of Unregistered Marks

SIPS September 23, 2016 Trademark Registration

Companies that decide to produce or sell products in mainland China without first having registered their trademarks do so at their own peril. Without a …

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bad faithinfringementoem exceptiontrademark piracy
Trademark Enforcement

Attacking Pirated Marks Based on Copyright

SIPS August 20, 2016 Copyright Registration, Trademark Enforcement

Copyright offers a potentially powerful tool for addressing piracy in China of logo marks and stylized word marks in the context of oppositions and invalidations. …

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bad faithcopyrighttrademark lawtrademark piracy
Trademark Registration

How to Register Trademarks in China

SIPS June 1, 2016 Trademark Registration

Companies large and small are filing more and more trademark applications in China to support product launches. But even companies without immediate plans to sell …

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chinese language marksmadrid protocoltrademark prosecution
Trademark Enforcement

Online Counterfeiting Best Practices

SIPS April 25, 2016 Trademark Enforcement

China’s State Council will soon issue a draft of the country’s first E‐Commerce Law for public comment. Provisions of this proposed law may offer new …

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counter noticescounterfeitse-commerce lawonline infringementtake-downs
Legislation & Policy

Draft Anti-Unfair Competition Law

SIPS March 29, 2016 Legislation and Policy

On February 25 2016, the Legislative Affairs Office of the State Council released a draft version of an amended Anti-Unfair Competition Law (draft AUCL) for …

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anti unfair competition lawcivil litigationenforcement
Technology & Commercial IP

A Guide To China’s New Online Publishing Rules For Foreign Media

SIPS February 21, 2016 Technology and Commercial IP

This analysis is intended to address a number of concerns that have been raised regarding China’s new Administrative Regulations for Online Publishing Services (“Online Publishing Regulations”) and …

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online publishing regulations
Technology & Commercial IP

PRC Criminal Law Tackles Data Privacy

SIPS January 26, 2016 Technology and Commercial IP

This month we take a detour from trademark issues to cover recent developments in data privacy, a subject that has been the focus of considerable …

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criminal lawdata privacyonline infringement
Technology & Commercial IP

Assessing China’s Plan to Build Internet Power

SIPS January 20, 2016 Technology and Commercial IP

When the Chinese Communist Party targeted clean energy in its 11th Five Year Plan (2006-2010), the resulting investment spree upended the global clean energy market almost overnight. …

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cybersecurity lawinternet power
Legislation & Policy

Special Campaign on Protection of Disney Trademarks

SIPS December 4, 2015 Legislation and Policy

On October 15, the national authority in China responsible for administrative enforcement of trademarks, the State Administration for Industry and Commerce (SAIC), issued a notice …

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infringementwalt disney
Trademark Enforcement

OEM Exception to Trademark Infringement

SIPS July 15, 2015 Trademark Enforcement

China is one of a handful of countries that permits the production and export of goods that would otherwise be deemed infringing of trademarks owned …

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bad faithinfringementoem exceptionsupply chain
Technology & Commercial IP

Merchandise Licensing: Contractual Arrangements

SIPS April 21, 2015 Technology and Commercial IP

This is the second part of a two-part article introducing best practices in this sector. The first part focused on securing relevant IP. This part …

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licensing
Technology & Commercial IP

Merchandise Licensing: Securing Rights

SIPS March 23, 2015 Technology and Commercial IP

The licensing of names and images from fictional works, including the names of cartoon characters and film titles, is growing exponentially in the PRC and …

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licensing
Trademark Enforcement

Alibaba Reforms Taobao Enforcement Policies

SIPS January 26, 2015 Trademark Enforcement

On January 6 Alibaba announced a revamp of its TaoProtect online policing system which applies to its online sales portals www.taobao.com and www.tmall.com. Both are Chinese-language trade platforms, the prior ostensibly C2C

enforcementonline infringement
Technology & Commercial IP

Should You Record Trademark License Contracts?

SIPS October 31, 2014 Technology and Commercial IP

There are a range of legal and practical reasons for foreign trademark owners to record licenses of their registered Chinese trademarks with the China Trademark …

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licensingrecordaltrademark
Legislation & Policy

Revised Provisions on Well-Known Mark Recognition Issued

SIPS September 1, 2014 Legislation and Policy

Following the recent amendments to the PRC Trademark Law that took effect on May 1 2014, China issued revised Well-Known Mark Recognition and Protection Provisions …

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trademark lawwell-known marks
Trademark Enforcement

New Measures to Address Online Counterfeiting

SIPS July 26, 2014 Trademark Enforcement

There are clear indications that Chinese government authorities are taking more concerted actions to address online infringements of IP rights, as illustrated by new campaigns …

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counterfeitsonline infringementtrademark law
Legislation & Policy

PRC Trademark Law Revisions in Force

SIPS June 2, 2014 Legislation and Policy

Revisions to the PRC Trade Mark Law entered into effect on May 1 2014. They offer some potentially valuable weapons for addressing registry pirates as …

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bad faithtrademark law
Trademark Registration

Support in Devising Chinese Brands

SIPS May 1, 2014 Trademark Registration

Process SIPS will first compile information on client’s priorities and “brand values” for the Chinese market, preferences of the client regarding the proposed Chinese mark …

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chinese language marks
Trademark Enforcement

Bad Faith Trademark Filings in China

SIPS April 24, 2014 Trademark Enforcement

This article provides information on strategies and best practices in dealing with bad faith trademark filings in China. The scenario is by now all too …

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bad faithtrademark piracy
Trademark Enforcement

How to Tackle Online Counterfeiting

SIPS March 28, 2014 Trademark Enforcement

The ever-growing accessibility, convenience and anonymity offered by e-commerce has permitted counterfeiters to rapidly shift their business models – in some cases entirely – online. …

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counterfeitsonline infringement
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