It seems that everyone is talking about Trademarks in China.
What is the best way to file a trademark? Should we file in English
and Chinese? What about transliteration? By far and away though,
people are asking the age old question, is it really possible to
enforce trademarks in China?
China is obviously a market with vast business potential, and
almost infinite capitalization opportunities; however the answer to
the seemingly complicated question about trademark enforcement
usually tips the balance one way or the other. Lets look at the big
picture here, and lets take a birds eye view at the options,
issues, and potential problems with enforcing your trademark in
The possibilities are endless when it comes to trademark
enforcement in China. While there are definitely traditional
methods which are most often suggested, it takes a creative mind to
determine the best course of action. Before considering the prudent
avenue of enforcement, it is important to consider a variety of
factors before proceeding:
Resources: determining the resources available to combat the
Location: where is the infringement taking place? Is the
location rural or in one of China's larger cities?
Goals: are you hoping to receive damages, or is an injunction
the main goal?
Nature: on what scale is the infringement occurring? Is this
purely a domestic issue or are the infringing products turning up
in different jurisdictions?
Very often people are inclined to quash any amount of trademark
infringement with a vengeance. More often than not, however, a well
thought out and refined strategy is all that is necessary to
accomplish your enforcement goals.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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