When legal means have been exhausted in the fight against trademark and product piracy (anti-counterfeiting, ACF) in China, the question arises as to alternative approaches. A sustainable effective ACF strategy to regain control over one’s own brand is to strengthen and consolidate the brand in the Chinese market. In doing so, the brand owner leaves… Continue reading Strengthening the Brand as ACF Strategy
China continues to tighten the legal reins in the prosecution of industrial espionage – even for foreign companies. In October 2020, the National People’s Congress published a new draft amendment to China’s criminal law, which includes better protection of trade secrets. In recent months, China has issued a number of amendments to the law or… Continue reading Stricter Criminal Law Punishes Industrial Espionage
When fighting counterfeiting against online shops, it is often difficult for brand owners in China to identify the manufacturer of the counterfeits and to prosecute him legally. Therefore, the platform operator should also be sued in the lawsuit if he violates legal obligations. According to the Chinese E-commerce Law, the owner of intellectual property right… Continue reading Counterfeiting in China: Platform Operators Must Demonstrate Measures
The pandemic not only leads to global markets being flooded with counterfeit medical products. Because suppliers fail, counterfeit brands and products are also penetrating the supply chains of original manufacturers in other segments and replacing the missing original products. It is now important for brand owners to monitor and protect their supply chains. Counterfeiters often… Continue reading Covid-19: Protect Supply Chains Now against Counterfeiting
In the fight against counterfeiting and piracy on the Internet, brand owners must try to identify and eliminate counterfeit manufacturers in the real economy. Those who find illegal sales in Internet marketplaces and online shops with the help of crawling software and only have them deleted manually or automatically cure the symptom. The deleted offers… Continue reading Deception Package Crawling Services
New perspectives for combating false claims on food and beverages: The European-Chinese marathon negotiations on the protection of geographical indications of origin have been officially concluded. The agreement, which is still under legal scrutiny and will have to pass through the European Parliament and the Council, will enter into force in 2020. The agreement is… Continue reading Geographical Indications of Origin: The Protection Agreement Will Come in 2020
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
The French designer Christian Louboutin has become world-famous for his iconic shoe design – sky-high heels and red shoe soles. The trademark for the red sole was registered in the Benelux in 2010 and the explicit registration for high-heeled shoes followed in 2013. A few years ago Louboutin went to court against the Dutch subsidiary… Continue reading Can Single-Color Trademarks Be Protected in China?
The main issues discussed at the 2019 National People’s Congress were the relationship between the US and China, the New Silk Road, the defense budget and the new draft of the Foreign Investment Law. Improvements in IP protection were also discussed. For example, the already agreed shortening of the examination period for trademark applications from… Continue reading Trademark Examination: Is Faster Always Better?
In Beijing, a three-month major action against food counterfeiters has just ended. The project, initiated jointly by several Beijing authorities, revealed more than 85 hidden workshops and 68 cases of counterfeit food products. Food counterfeit has been a problem in China for many years, a problem which is difficult to control. The consumers are the… Continue reading Food Counterfeiting in China