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Foreign Trademark Protection in China: Case Studies from 2003

An analysis of some key trademark cases highlighted by the government, and what they say about efforts to combat IP infringement in China.

Date: July 2004

Keywords (click to search): [trademark] [trademark protection] [trade mark] [foreign trademark] [foreign trademarks] [foreign trade mark] [IP infringement] [intellectual property rights] [State Administration for Industry and Commerce]

By Daniel Romans, Lehman, Lee & Xu, Beijing

2003 saw the prosecution of a growing number of high-profile trademark infringement cases in China. Although the government has made some important progress in tackling the trademark infringement problem, progress has been uneven and serious obstacles remain in the way of guaranteeing IP protection for brand owners. Here we will review some significant cases of the past year published by the State Administration for Industry and Commerce (SAIC) and assess the changing landscape for trademark protection in China. The SAIC's Trademark Office plays the leading role among government organizations in registering and administering trademarks nationwide, and also guides local administrations of industry and commerce in their pursuit of trademark and counterfeiting cases. Thus, the SAIC's opinions of the leading cases in China's fight against IP infringement shows the government's perception of how the ongoing efforts to protect IP in China are faring.

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