Region: China

Analysis reveals mobile apps constitute evidence of use in trademark cancellation or invalidation actions

A deep dive into two Beijing High Court judgments indicates that a company’s use of its own mobile app constitutes trademark use and can therefore maintain registration in the face of cancellation or invalidation actions. Businesses should be aware of this when dealing with trademark challenges in China.

18 July 2024

Personality and broadcasting: a creative approach to rights in China

Featured in WTR Special Report Q2 2024: Training your defence: the sports brand playbook

15 July 2024

Legal Updates you may have missed: fashion and luxury’s latest courtroom wins

The second instalment in our series highlighting Legal Updates you may have missed explores recent successes for Canada Goose, Hermès, Lacoste and Skechers.

12 July 2024

MuleBuy emerges as leading Chinese shopping agent after Pandabuy raid and Hoobuy complaints

Weeks after a massive raid at Pandabuy warehouses in China, new Chinese shopping agents are looking to become the go-to place for sending counterfeit goods.

11 July 2024

Legal Updates you may have missed: when rights holders can’t pin down position marks

We kick off our latest series highlighting Legal Updates you may have missed by examining the lessons learned from unsuccessful attempts to register non-traditional position marks.

11 July 2024

Interview exclusive: secretary general of Asian Domain Name Dispute Resolution Centre reveals plans for future growth

The ADNDRC has seen a 33% increase in UDRP cases over the past five years, as new domain name issues emerge, exclusive interview reveals.

08 July 2024

Dust settles on five-year Nestlé dispute over A2 mark

This dispute between Nestlé and A2 Milk serves as a valuable example of how the Chinese courts will assess distinctiveness.

28 June 2024

Asia-Pacific filing decline continues; Russian applicants turn to WIPO: data analysis

WTR analyses trademark filing trends at major Asia-Pacific registers.

26 June 2024

Responding to online counterfeiters within the context of social media in China

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

While China’s E-Commerce Law has clarified platform and e-commerce operators’ legal obligations in the fight against counterfeiting, how to determine whether these responsibilities are being fulfilled remains unclear. Therefore, rights holders must be proactive in monitoring potential infringers to prevent them capitalising on their brand image.

24 June 2024

China: Multi-pronged approach proves best fit to tackle rise in counterfeits

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

China produces an estimated 80% of the world’s counterfeit products, so authorities are advocating for a ‘three-in-one’ trial reform of its IP rights system. The combination of civil and criminal litigation, investigation and ex-officio enforcement at customs should improve options for rights holders and facilitate a more comprehensive protection system.

24 June 2024