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Strategy Guides

Maximizing the effectiveness of the fair use defense in trademark infringement litigation

Maximizing the effectiveness of the fair use defense in trademark infringement litigation

31 August 2024

As the fair use defense increases in Chinese trademark litigation, observers are also seeing more positives from its practice.

Legal protection of commodity packaging and decoration in China

Legal protection of commodity packaging and decoration in China

31 August 2024

The packaging and decoration of products is a sharp weapon for enterprises to explore the market, participate in fierce competition and improve their popularity.

Strategic analysis of trademark protection in the consumer goods industry

Strategic analysis of trademark protection in the consumer goods industry

31 August 2024

In the consumer goods sector, trademarks are pivotal to brand identity, reflecting a company’s image and credibility and directly influencing consumer purchasing decisions.

Patent invalidation and patent administrative litigation procedures in China

Patent invalidation and patent administrative litigation procedures in China

31 August 2024

As China increases its efforts to protect intellectual property rights, both domestic and overseas patent owners are increasingly protecting their inventions by instituting legal proceedings of infringement in order to gain a leading competitive adva...

Does foreign-related original equipment manufacturing constitute trademark infringement in Chinese judicial practice?

Does foreign-related original equipment manufacturing constitute trademark infringement in Chinese j...

31 August 2024

As China’s economy has evolved, there have been different opinions as to whether OEM manufacturing and processing constitutes “use” in the meaning of China’s trademark law and, therefore, the infringement of the trademark.

China Strategies Guide 2024

China Strategies Guide 2024

31 August 2024

Navigating China's IP landscape requires strategic foresight and expert guidance. Whether you're interested in patent prosecution deferment, trademark infringement defenses, or AI clauses in publishing, Asia IP's China Strategies Guide 2024 offers au...

Amendments to claims in patent invalidation procedures

Amendments to claims in patent invalidation procedures

30 August 2024

Requirements for amending patent claims in invalidation procedures in China remain strict. Only the claims of an invention or utility model patent can be amended.

How do the Olympic Organizing Committee and gold medalists protect international trademarks?

How do the Olympic Organizing Committee and gold medalists protect international trademarks?

30 August 2024

Protecting the Olympic trademarks was once a job for the organizing committee alone, but these days, top athletes are also registering themselves in multiple classes.

How generic drug makers attempt to escape infringement charges in India

How generic drug makers attempt to escape infringement charges in India

31 July 2024

Fighting back against generic drug makers’ infringement efforts.

Traversing SEP contours through the Indian Perspective: Ericsson v. Lava

Traversing SEP contours through the Indian Perspective: Ericsson v. Lava

31 July 2024

In a landmark case, the Delhi High Court has settled the law regarding standard essential patents in India.

Olympics 2024: When fashion brands strike gold

Olympics 2024: When fashion brands strike gold

31 July 2024

Sports merchandise makes consumers and supporters feel more connected to sporting events, personalities and experiences, which has made merchandising a crucial revenue stream. As athletes ready to show off their style both on and off the field at the...

ByteDance web novel platform’s AI clause sparks author outrage

ByteDance web novel platform’s AI clause sparks author outrage

26 July 2024

The clause requires authors to agree to allow their works to be used by the platform’s AI for content development.

How China protects IP with legal updates

How China protects IP with legal updates

31 August 2023

A new draft of China’s Anti-Unfair Competition Law broadens the scope of unfair competitive practices. Ivy Choi discusses how this impacts business operators and brand owners, including how they may need to exercise caution in their online activities...

Then and now: The suspension mechanism of trademark review cases in China

Then and now: The suspension mechanism of trademark review cases in China

31 August 2023

The suspension mechanism used in trademark disputes in China has undergone a process of dynamic change. Wei Zhou explains how CNIPA and the courts are working to balance the efficiency and rationality of individual cases.

Choosing electronic evidence to achieve maximum litigation benefits

Choosing electronic evidence to achieve maximum litigation benefits

31 August 2023

Electronic evidence facilitates litigation by reducing the once-costly burden of gathering evidence. Bin Zhang and Yifan Yang explain how steps China has taken over the past decade are helping IP rights holders enforce their rights today