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Trademark Enforcement

Below you'll find a list of all posts that have been categorized as “Trademark Enforcement”

Trademark Enforcement

Defensive Trademark Filings in China – Time to Review Strategies?

SIPS December 31, 2022 Knowledge, Trademark Enforcement

Defensive trademark registrations are a critical tool for securing protection against piracy and preserving business opportunities for future lines of goods and services. By their …

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bad faithdefensive filingstrademark law
Trademark Enforcement

In-Sink-Erator Case Demonstrates Chinese Courts’ Increasing Willingness to Punish Trademark Piracy Using the AUCL

SIPS September 1, 2022 Knowledge, Trademark Enforcement

The Chinese trademark regime is a first-to-file system. Accordingly, priority is given to the individual or entity that first applies for and registers, rather than …

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anti unfair competition lawAUCLbad faithtrademark law
Trademark Enforcement

Fendi Case Provides Solid Justification for Class 35 Filings in Fight Against Parallel Importers in China

SIPS September 14, 2021 Knowledge, Trademark Enforcement

Tackling counterfeits can be frustrating and challenging at the best of times. Dealing with their trickier – and more “lawful” – cousin, the parallel imported …

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class 35Fendiparallel imports
Trademark Enforcement

Update on Latest Developments in Respect of Bad Faith Trademark Filings in China

SIPS June 1, 2021 Knowledge, Trademark Enforcement

Since the promulgation of 2019 amendments to the PRC Trademark Law, China has made groundbreaking strides in the ensuing two years to curb bad faith …

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action planassignmentsbad faithBrita
Trademark Enforcement

Recent Developments Regarding Bad Faith Filings in China

SIPS March 31, 2021 Knowledge, Trademark Enforcement

The past year has seen a number of encouraging developments for brand owners confronting registry piracy in the PRC, including greater proactivity on the part …

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bad faithinterference letterstrademark law
Trademark Enforcement

Case Note: Analysis of Brita vs. Kangdian – Shanghai Minhang District Court

SIPS March 23, 2021 Knowledge, Trademark Enforcement

This case note provides a summary and analysis of a recent decision by a Shanghai court which awarded damages based on unfair competition against a …

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bad faithBritacase note
Trademark Enforcement

Best Practices for the Prevention of Brand Theft in the People’s Republic of China

SIPS March 15, 2021 Knowledge, Trademark Enforcement

Among the most dangerous and costly types of infringement encountered by brand owners in China is the phenomenon of “brand theft”. Brand theft goes far …

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best practicebrand thefttrademark piracy
Trademark Enforcement

PRC Bad Faith Registration: Admissibility of Taped Admissions by Pirates – Heineken Invalidation

SIPS February 16, 2021 Knowledge, Legislation and Policy, Trademark Enforcement

Since the introduction in 2019 of amendments to the PRC Trademark Law providing stronger tools for combatting bad faith trademark registrations, Chinese authorities have begun …

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bad faithevidence admissibility
Trademark Enforcement

Partial Judgments and Interim Injunctions in Tandem in China – A Potential Strategy for Frustrated Victims of IP Infringement

SIPS December 8, 2020 Knowledge, Trademark Enforcement

Speaking generally (and almost axiomatically), civil litigation is time consuming. In that regard, China is no exception, particularly where foreign parties are involved. On average, …

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civil litigationinjunctionspartial judgmentssupreme people's court
Trademark Enforcement

White Paper: Barriers to Effective Protection of Trademarks in China

SIPS November 25, 2020 Knowledge, Trademark Enforcement

SIPS supports its clients through policy work, including contribution of our team’s time to research projects, position papers, seminars and other initiatives focused on improving …

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bad faithcivil litigationinjunctionsonline infringementtrademark law
Trademark Enforcement

Using Copyright to Battle Trademark Pirates in China

SIPS October 15, 2020 Copyright Registration, Knowledge, Trademark Enforcement

This article examines how foreign rights holders can assert copyright against Chinese pirates who apply to register or use their design trademarks in China. It …

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copyright lawinvalidationsoppositionstrademark piracy
Trademark Enforcement

Updates on the Protection of IP Rights in China: Primary Challenges, Recent Developments and Best Practices

SIPS September 1, 2020 Knowledge, Trademark Enforcement

China has long been a target of criticism for infringement of intellectual property (“IP”) rights. Over the last 20 or so years, China has not …

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bad faithcopyright lawenforcementpatent lawtrade secretstrademark law
Trademark Enforcement

The Use of Civil Litigation in the PRC as an Effective Form of Dispute Resolution for IP owners

SIPS July 3, 2020 Knowledge, Trademark Enforcement

Civil litigation can prove an effective form of dispute resolution for intellectual property (“IP”) owners whose rights are violated by the notorious pirates and counterfeiters …

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civil litigationcivil procedure lawenforcement
Trademark Enforcement

Enforcement of IP Rights in China – A Primer

SIPS March 31, 2020 Knowledge, Trademark Enforcement

The impact of fakes on global trade cannot be underestimated. Statistics from the OECD and the EU’s Intellectual Property Office estimate that worldwide, trade in infringing …

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best practicec&dcounterfeitsenforcementonline infringementtake-downs
Trademark Enforcement

Recent Developments in Combating Bad Faith Trademark Piracy in China

SIPS December 12, 2019 Trademark Enforcement

There have been a range of new legislative developments in China attempting to tackle the widespread problem of bad faith trademark piracy, including the following: …

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bad faithtrademark lawtrademark piracy
Trademark Enforcement

The Impact of China’s Trademark Law Amendments

SIPS August 31, 2019 Trademark Enforcement

On April 23, 2019, China’s National People’s Congress announced the fourth revision to the PRC Trademark Law[i], changes which come into effect on November 1, …

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bad faithinvalidationsoppositionstrademark lawtrademark piracy
Trademark Enforcement

PRC Trademark Law Amendment Targeting Bad Faith Registration and Infringements

SIPS April 29, 2019 Trademark Enforcement

On April 23, 2019, the Standing Committee of the National People’s Congress (NPC) enacted amendments to the PRC Trademark Law mainly to address bad faith …

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bad faithenforcementinfringementtrademark lawtrademark piracy
Trademark Enforcement

Recent Developments in IP Protection in China

SIPS April 29, 2019 Trademark Enforcement

Trademark Law Amended The PRC Trademark Law (TML) was amended on April 23, 2019, by the Standing Committee of the National People’s Congress (NPC), with …

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bad faithe-commerce lawonline infringementtrademark law
Trademark Enforcement

Case Note: Analysis of Bayer vs. Li Qing – Hangzhou IP Tribunal

SIPS September 12, 2018 Trademark Enforcement

This memorandum summarizes the contents of a recent decision by the Hangzhou IP Tribunal in a civil dispute involving Bayer and its Coppertone sunscreen and …

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bad faithcase notecoppertoneinfringementtrademark piracy
Trademark Enforcement

Trademark Monitoring for the PRC

SIPS April 24, 2018 Trademark Enforcement

Limitations of Global Trademark Monitoring Services Global trademark monitoring services offer an invaluable and cost-effective service for identifying marks worthy of consideration for possible oppositions …

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infringementoppositionstrademark monitoring
Trademark Enforcement

Supply Chain Integrity in China

SIPS December 20, 2016 Trademark Enforcement

Protecting trademarks and other IP rights in the supply chain presents growing challenges to companies, in part due to increasing demand by unscrupulous traders seeking …

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oem exceptionsupply chain
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