A primer of trade mark registration requirements in Macau

(Author: Dr. Jian Xu, the China IP Blogger) Although Macau is a relatively small market, it is currently an independent jurisdiction such as Hong Kong and Taiwan, which applies different laws from mainland China. Consequently, foreign companies are much less familiar with what is required for registering trade marks in Macau. It does have a few notably different requirements (such as […]

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Practical steps for dealing with counterfeiting activities in Hong Kong

(Author: Dr. Jian Xu, the China IP Blogger) It is advisable to take the following steps in combating counterfeiting activities in Hong Kong.          We suggest client to issue cease and desist letter to the target infringers found in Hong Kong.  We find that cease and desist letters are particular effective against retailer infringers because (a) they may not have […]

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Proving bad faith in trade mark dispute

(Author: Dr. Jian Xu, the China IP Blogger) During trade mark opposition or cancellation proceeding in China, it is often necessary to prove bad faith of the other party. This is especially the case for trade mark piracy cases which are common in China. The China Trademark Office has provided a guideline list of evidence for collecting information relating to bad […]

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How to lodge customs notice for IP infringement in Hong Kong

(Author: Dr. Jian Xu, the China IP Blogger) The Hong Kong Customs adopts enforcement strategy against the supply as well as the retail of counterfeit goods.  On the supply side, they focus their enforcement efforts against illegal activities at the import and export, manufacturing, wholesale and distribution levels.  At the retail level, they take repeated and sustained enforcement actions to eradicate […]

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Type and quantity of evidence needed for recognition of well-known trade mark in China

(Author: Dr. Jian Xu, the China IP Blogger) China’s Guangdong High Court (and the Guangzhou IP Court as the first-instance court) just issued a trademark infringement decision for Land Rover based on well-known  trademark recognition on 28 June 2017. Briefly, Jaguar Land Rover successfully sued a Chinese company using the “Land Rover” and “Land Rover (Chinese characters)” brand on vitamin sports […]

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Evidence checklist for trade mark opposition or cancellation

(Author: Dr. Jian Xu, the China IP Blogger) There is a saying among Chinese lawyers and judges that “Litigation is all about evidence”. This clearly shows the crucial importance of evidence collection in a Chinese legal battle. The saying is perhaps more true for trade mark disputes than other types of litigation, because the majority of trade mark opposition and revocation […]

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Post-filing experimental data issue in Chinese patent prosecution

(Author: Dr. Jian Xu, the China IP Blogger) First, I would like to introduce a little bit about the acceptance of post-filing data under the current practice which actually depends on the rejections to be obviated. Inventiveness Rejection (Article 22.3) Rejection grounds–The Examiner cites a prior art, and holds that whether the effect of the claimed invention is superior to that […]

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A few suggestions for software copyright registration in China

(Author: Dr. Jian Xu, the China IP Blogger) Software can be protected under copyright law in China. Many foreign companies are unfamiliar with how to record software copyright in China, and how to keep the source code confidential during the recordal. Please refer to the below for the requirements and a few practical suggestions. Software registration requirements The following details and […]

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General strategies for IP enforcement

(Author: Dr. Jian Xu, the China IP Blogger) Preparatory Steps Irrespective of the course of action adopted (administrative, civil or criminal), when dealing in China it is important to ensure that evidence is collated in advance of taking action. It is advisable, therefore, to take the following preparatory steps. (a) Obtain background information about the company (for example, the identity of […]

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