lvanka Trump's attempts to protect her personal brand with trade marks in China have been thwarted by squatters. In a guest post in MIP, Charlotte Trinh and Mandy Liu examine the lessons that can be learned from her experiences.
We are uniquely placed to meet the challenges IP owners are likely to face when doing business in China.
- We have been in China since 1993 and know the market very well. With over 20 years of IP experience and an impressive litigation record, Rouse offers its international and domestic clients an all round IP service.
- Rouse operates in association with Lusheng Law Firm and has offices in Beijing, Shanghai and Guangzhou providing the full range of IP services including patent and trade mark agency services.
- Unit 1601 Central Tower
- China Overseas Plaza
- No.8 GuanghuaDongli
- Jianguomenwai Avenue
- tel: +86 10 6569 3038
- fax: +86 10 6569 3040
- email: email@example.com
- Room 2701
- Park Place
- 1601 Nanjing Road (West)
- tel: +86 21 3251 9966
- fax: +86 21 3251 8818
- email: firstname.lastname@example.org
- Room 1101
- Teem Tower
- No. 208 Tianhe Road
- Guangzhou City
- tel: +86 20 8559 8098
- fax: +86 20 8559 8028
- email: email@example.com
Our Trade Marks Group was one of the first to be a licensed agent of the China Trademark Office, which has enabled us to understand the practice at an early stage.
We offer trademark portfolio management services that include developing pro-active/defensive trademark filings, and the optimization of the goods and services classification system to maximize future enforceability.
We work closely with associated local law firm, Lusheng, in relation to enforcement. Our team can help you make the most of your business in this key market.
Patents in China cover inventions, designs and utility models. Filings are on the rise, so it is important, when entering the Chinese market, to take reasonable care to ensure that you are not infringing another party’s rights.
Our patent professionals have a wide range of legal and practical experience in China. They understand the local business environment and how to develop appropriate patenting strategies, liaising regularly with the client’s local and international business units to ensure that all foreseeable uses of the product in question are taken into account and all forms of available protection considered.
In the last five years, we have filed over 1000 IP litigation cases; these include landmark cases that received awards from major IP organisations such as the State Intellectual Property Office (SIPO).
In China designs are governed by patent law which is a relatively new concept in the country. However, the system is a popular one. Protection is relatively quick, easy and low-cost and people are willing to use the administration process and the courts to resolve any design infr ingement or other contentious matters.
Our patent lawyers understand the local business environment and have experience drafting and filing design patents, and devising strategies that take account of the various forms of protection available. We regularly liaise with our clients' local and international business units to ensure that all foreseeable uses of the product in question have been taken into account.
While registration is not a pre-requisite for enforcing copyright in China (as China is a signatory of the Berne Convention), it is recommended as a simple means of proving prima facie existence and ownership of copyright to local authorities prior to enforcement action (e.g. at trade fairs where timely preparation in advance is paramount as there is little time to take action during the fair).
Registration can also be of assistance when commercialising copyright works. In this increasingly dynamic and sophisticated market, there are many opportunities for commercialisation, whether by way of licensing programmes, sale or acquisition.
We have been involved in lobbying relevant ministries and other governmental enforcement agencies to improve the overall environment for the protection and enforcement of copyright in China.
Data privacy in China is governed by a series of laws and regulations, which can be called "Data Privacy Regime", although there is not a special personal information protection law. The most notable laws and regulations under the Data Privacy Regime may include the Decision on Strengthening the Protection of Online Information issued by China's top legislature in 2012; the Provisions on the Protection of Personal Information of Telecommunications and Internet Users issued by the Ministry of Industry and Information Technology (MIIT) in 2013 and the 2014 Revised Law on the Protection of Consumer Rights and Interests.
Many of China's most-in-demand IP advisers are headquartered at Rouse's offices in Beijing, Shanghai and Guangzhou.World Trademark Review 1000 2015 - China