Geographical Indications: Protection Without Registration

Geographical indications (GI) of origin are also protected in China if they are recognised as geographical indications in their country of origin but are not registered in China as a certification or collective trademark. GIs are protected against applications in bad faith by Article 16 of the Trademark Law. Article 123 of the General Provisions… Continue reading Geographical Indications: Protection Without Registration

Repeated trademark infringement: High punitive damages in China

Shanghai has a new precedent: The court in Pudong, within the framework of a trademark infringement lawsuit, for the first time imposed the maximum possible punitive damages of 3 million RMB at the time of the judgement, which corresponds to almost 390,000 EUR.almost 390,000 EUR. As of December 1, 2019, the statutory punitive damages will… Continue reading Repeated trademark infringement: High punitive damages in China

Autonomous Driving: Dealing with Trade Secrets

In the field of autonomous driving, the decision as to whether an invention should be patented or kept undisclosed as a trade secret is increasingly becoming a key factor for future market success. The reason: the employees in this highly innovative, very dynamic and more converging segment of the automotive and digital industries are not… Continue reading Autonomous Driving: Dealing with Trade Secrets

IP Crime Conference in Cape Town: Can the Public Sector Keep Up?

A clear result of the IP Crime Conference in Cape Town: According to prosecuting authorities, brand and product piracy is becoming increasingly digital and transnational. Counterfeiters today are technologically highly advanced and have a global reach – their products are produced in the country A, transported via the country B and sold in the country… Continue reading IP Crime Conference in Cape Town: Can the Public Sector Keep Up?

China’s Trademarks: The Volumes Grow While Overall Value Lags Behind

Do you recognize all the trademark logos on the picture? They represent some of the most famous Chinese trademarks that are already entering the global top-100 charts of the most valuable trademarks. The volumes of China’s trademark filings have increased dramatically in the recent years, from 26.000 trademark applications in 1981 – a number that… Continue reading China’s Trademarks: The Volumes Grow While Overall Value Lags Behind

Amendments to Chinese Trademark Law: Combatting Bad Faith Applications

The amended Chinese Trademark Law could solve one of the major obstacles in the enforcement of trademark rights in China: trademark squatting, the bad faith registration of trademarks with the intention to sell them later at a high price to the owner of the original trademark. The central new paragraph in Paragraph 4 of the… Continue reading Amendments to Chinese Trademark Law: Combatting Bad Faith Applications

Counterfeiting as Organized Crime

Counterfeiting activities are increasingly carried out by organized crime groups. They concentrate on a single product category, produce higher quality counterfeits and control the entire marketing process. The value chain also includes illegal laboratories and well-trained professionals who can even synthesize medicines. As a result, the supply of specialized counterfeit goods continues to increase. Many… Continue reading Counterfeiting as Organized Crime