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Asia IP China Strategies 2022

31 August 2022

Asia IP China Strategies 2022

How do you protect and manage your intellectual property assets in China? With exclusive, thorough insight into the IP scene in China from experienced, local experts, Asia IP's 2022 China Strategies Guide is essential reading for IP owners and practioners who are looking to stay ahead of the curve in China.

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The fight against trademark squatting in China

Trademark squatting is a serious problem in China. Ivy Choi discusses strategies to combat squatting with IP lawyers, who warn: Sometimes, buying a mark may not be such a bad idea. The purchase price may be lower than the costs involved in a legal battle.

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IP challenges behind livestreaming ecommerce in China 

Livestreaming ecommerce is taking China by storm, and has reached more than 388 million streaming video users, nearly two-thirds of whom placed orders after watching the videos. Ivy Choi examines the challenges inherent in policing IP when it’s being used for livestreaming sales. 

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Legal measures for intellectual property infringement in China 

 

Intellectual property rights owners have witnessed a sea change in how their rights are protected in China. Bin Zhang and Yifan Yang explain why IPR owners around the world can be confident that, with sufficient evidence and proper counsel with local attorneys, their rights and interests will be protected under Chinese law. 

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Parallel imports in China: Problems and feasible solutions
 

Parallel imports are not only a legal issue, but also concern the trade policies and interests of a country. Due to the lack of clarity of the state of the law in China, brand owners currently may refer to the judicial precedents and take proper measures to tackle the parallel imports issues. Chunyu (Helen) Zhao explains.

 

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A granted utility model patent as priority

 

A valid priority date draws a line in determining what references can and cannot be used as prior art against a patent application, which significantly impacts the determination of patentability.

 

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Protecting your ideas under China’s copyright law

 

As the pillar of the entertainment industry, original ideas receive copyright protection until they evolve into fully-developed forms – movies, novels, advertisements, paintings and more. But what happens when the idea is less than fully formed? Shi Dong explains.

 

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Patentability of AI-related patent applications

 

As the use of artificial intelligence increases, examiners are increasingly being asked to determine whether AI-related applications can be patented. Asia IP compares the patentability of AI-related applications across China, the United States and Europe. | Yang Zhang

 

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On amendment to a Markush claim during patent invalidation proceedings

 

Alternate standfirst: China’s patent examination guidelines provide specific principles for amending a Markush claim during invalidation proceedings. The history of Markush claims in China, and the two prevailing theories in the interpretation of such claims, are explained. | Xiaohan Xie 

Design note: There are two formulas in the story which will need to be extracted and placed online/in print.

 

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A way to reinforce your patents in China

 

It is almost inevitable that a patent owner will receive a patent invalidation action from an accused during a patent infringement proceeding in China, with the aim of uprooting the entire patent right. Johnson Ge provides insights into China’s current patent practice, and a method which might just provide additional protection for your patents.

 

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Trademark protection in the animation industry and other relevant issues

 

The animation sector is booming in China. Robert Chan examines the intersection of trademark and copyright protection, commercialization and how animation works can be protected overseas.

 

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