Many of the brand owners in the US and Western world fall into two main categories: (1) Companies that are currently manufacturing/sourcing or advertising/selling to China (or both); (2) Companies that are actively thinking and planning to either manufacture or advertise – or both – in China in the near future. If you see yourself in either of these camps, this webinar is for you.
Squatters are rampant within the trademark system in China and cause significant challenges when attempting to obtain and enforce a trademark in China. This behavior impacts not only the brand owner’s ability to secure trademark registrations, but also the ability of the enterprise to continue business as usual. A U.S. trademark registration has no legal authority in the People’s Republic of China, which makes a trademark registration with the China National Intellectual Property Administration (CNIPA) a pre-requisite for conducting any business in China. And what can a brand owner do if its trademark is already registered by squatters?
On top of these longstanding issues, in January 2023, the CNIPA released a draft which formally kicked off the fifth amendment to the Trademark Law. With 101 articles (including 74 new/revised ), it is an ambitious draft for the public’s consideration. Exactly what are the key changes that brand owners must be aware of and how would these changes impact legal strategies when it comes to trademark protection in China?
During the same month, the Supreme People’s Court released its Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement. This interpretation from China’s highest court will guide the lower courts on criminal IP cases. What are the key message by the Supreme Court and what’s the new trend in China IP protection.
The 12th edition of Nice Classification became effective on January 1, 2023 and many newly added terms provide specific coverage for Web3 goods and services. What will be China’s reaction and should we expect new descriptions and even subclasses when it comes to NFTs, crypto assets, blockchain and the Metaverse space?
Our panel will guide trademark counsel and business owners regarding the key changes proposed by the Chinese authorities and discuss how they impact legal, as well as business approaches.
We will review the following, as well as other key issues:
- Key system differences between trademark laws in China and the US that lead to practical impacts on business operations;
- Considerations for a brand owner consider before manufacturing and advertising in Asia;
- What Considerations for legal counsel to weigh when determining what to advise a client about protecting trademark rights in China through the International Registration of the Madrid Protocol or nationally-filed application with CNIPA;
- Key changes proposed by the Chinese authorities and their impact the trademark practice in China;
- Tips, trends, and suggestions when it comes to trademark litigation, criminal enforcement and metaverse protection;
- Best practices for the protection of one’s brand in China and Asia in general.
After our presentations, we will engage in a live question and answer session with participants to answer your questions about these important issues directly.
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