Intellectual Property

China sets up intellectual property courts.

The battle for well-known status ensues as foreign marks still find it difficult to secure recognition. The new Provisions merely reflect the current practice, and brand owners must bear in mind that well-known status is only one part of a wider trademark strategy

The Chinese judiciary's road to reform is beset with challenges such as lack of clarity in procedural rules, inconsistency among courts and blurred roles of judges, local governments and even the Supreme People's Court

The new interpretation clarifies details which are lacking in the Patent Law and builds on practical issues addressed by the Implementing Rules, such as the use of reports and the judgment of equivalent infringement, damage claims, royalties and expenses, says Xi Sun

If the trademark is not registered, materials evidencing that it has been continuously used for not less than five years shall be submitted.

Issued: July 16 2014 Main contents: Where a legal action is instituted in respect of the infringement of a utility model patent or design…

The revised Implementing Rules allow division of a trademark registration application when registration is denied on certain of the designated goods.

Though the revised Trademark Law has made substantial improvements, protection and enforcement tactics against trademark squatters still remain crucial in the IP environment of China

Awareness of local courts and judges' practices as well as understanding of the laws, judicial trends and case outcomes are critical for MNCs' IP protection in China