Mitigating against infringement is now relatively easy and inexpensive
Op-Ed Commentary: Chris Devonshire-Ellis
Mar. 26 – One of the most common topics that I get asked about when lecturing on China business issues relates to the subject of trademarks in the country. Questions typically range from mitigating risk, to procedural issues, and questions as to whether an existing registration (such as in the United States) is sufficient for China.
The risk aspect for trademark infringement in China has actually decreased over the years (with the high profile exception of the Apple vs. Proview iPad case) and the desire and ability for Chinese companies to effectively steal a well-known brand is relatively small, although it does exist.
China has become more sophisticated in its approach, and now the real risks lie in patent infringements rather than brands. The reason for this is in the valuable technology that is associated with patents, rather than the fairly basic attempt at piggy-backing on a brand name.
Nonetheless, trademark protection remains something that should be seriously considered when looking to sell products or services in China. Here are some basic ground rules and advice:
Trademark registration as concerns China is not especially expensive, however in order to mitigate against potential problems, we do recommend following the above steps. The more you can pin down your mark, the more secure it becomes, and the less likely it is someone will be able to successfully infringe upon it. Multiple registrations are recommended in all areas where you feel your business could be exposed, with the extra registrations in your possession being some comfort to concerns regarding brand theft.
Chris Devonshire-Ellis is the founding partner of Dezan Shira & Associates. The firm can advise and assist on trademark registrations in China. Please contact firstname.lastname@example.org for assistance with trademark registration and related matters.
Intellectual Property Rights in China (Second Edition)
From covering protocol for dealing with trade fairs, to the application processes for trademarks, patents, copyright and licensing, as well as dealing with infringements and enforcement, this book is a practical reference for those concerned with their IPR in China.
Conducting Due Diligence in China
In which we take the overseas executive through varying stages of legal, financial and operational due diligence and highlights common areas of concern. Importantly, the report discusses areas of manipulation that can exist in the examination of Chinese companies, including legal documentation, techniques of assessing financial statements, asset checks such as land use rights, fraud within human resources claims and how to evaluate government involvement and liabilities.
Trademark Registration in China
Translation vs. Transliteration in Converting Brand Names to Chinese
China’s GAC Announces New Regulations on IPR Protection
China Calls for Intensified Foreign-Related and Internet IPR Protection
Previous Article « China Adjusts Import Duty Rates for Certain Products
Next Article Why China’s Consumer Development is Assured »
Dezan Shira & Associates´ brochure offers a comprehensive overview of the services provided by the firm. With its team of lawyers, tax experts, auditors and...
Doing Business in China 2023 is designed to introduce the fundamentals of investing in China. Compiled by the professionals at Dezan Shira & Associates in...
With businesses continuously affected by the COVID-19 pandemic and other economic headwinds, financial health and compliance has become more important than...
Tax, Accounting, and Audit in China 2022/23 offers a comprehensive overview of the major taxes foreign investors are likely to encounter when establishing or...
China remains the world’s hottest market for several industries, with high prospects for growth, innovation, and investment. Alongside the optimistic...
A firm understanding of China’s laws and regulations related to human resources and payroll management is absolutely necessary for foreign businesses in...
Dezan Shira & Associates helps
businesses establish, maintain,
and grow their operations.
Stay Ahead of the curve in Emerging Asia. Our subscription service offers regular regulatory updates,
including the most recent legal, tax and accounting changes that affect your business.