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

Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place

Just last November, the U.S. Department of Justice charged a Chinese employee who had worked for Monsanto with theft of trade secrets for China. The existence of trade secrets is a prerequisite for winning an infringement lawsuit. Although China’s newly revised anti-unfair competition lawhas strengthened the protection of trade secrets, it is still challenging to… Continue reading Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place

Belt and Road Initiative: The Intangible Silk Road

The Chinese Belt and Road Initiative (BRI) comprises not only logistics and energy projects, economic corridors and digital information and communication systems (Digital Silk Road), but also an Intangible Silk Road consisting of patents, trademarks, copyrights and technical standards. And this immaterial Silk Road is growing rapidly – so far largely under the radar of… Continue reading Belt and Road Initiative: The Intangible Silk Road

Growth Market Copyright

The rapid development of the Chinese digital economy is also reflected in the area of digital copyrights. In 2018, this hitherto rather exotic market reached a volume of 742.3 billion yuan, an increase of 16.6% over the previous year. This extraordinary increase is not only due to the constant innovations within the digital industries, but… Continue reading Growth Market Copyright

Trade Secrets vs. Patents

Counterfeiting and trade secrets are still the biggest challenges for many IP managers in China. Patents in many industries are now about software, especially in the automotive industry. The biggest challenge is seen in protecting software-related technologies, the problem being patentability. This development corresponds to the task of improving the quality of intellectual property rights.… Continue reading Trade Secrets vs. Patents

Can Single-Color Trademarks Be Protected in China?

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?

Trademark Examination: Is Faster Always Better?

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?