Read Landmark Trademark Cases in China: An In-Depth Analysis

Landmark Trademark Cases in China: An In-Depth Analysis

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Description:On a hot summer night in August 2015, while I was watching World News Tonight in my tiny apartment in New York, the phone rang. It was my buddy Christopher calling from Beijing, China. Christopher, one of the top trial attorneys in China, and someone with whom I had worked for many years, had a challenge for me. The best legal minds in China - including judges from the intellectual property (IP) tribunals of the Intermediate Court, High Court, Supreme People's Court, deputy secretary-general of China Trademark Association, seasoned examiners from China's Trademark Appeal Board, and people serving as expert consultants to trademark litigation cases - had written a book. The book, which is partly a response to Western criticism about IP issues in China, identifies twenty-six landmark trademark cases in modern Chinese history. Rather than providing a two-sentence decision about each case, the authors delve into the relevant law in detail, review the relevant law, discuss how the specific facts were addressed by the Trademark Office/Appeal Board/Courts, and provide the rationale supporting each decision. In addition, the authors offer guiding "best practices" for each case. The book is, thus, a practice guide showing brand owners how to survive and prosper in China, a country long perceived as the Wild West in today's trademark world.Since its publication, classes, seminars, and training sessions have been offered in big cities such as Shanghai and Beijing to study and discuss the book. Participants span the gamut from in-house counsel, to attorneys at private law firms, academics, researchers, examiners, and officials at different levels within trademark offices across China. The summarized cases involve well-known brands such as CHANEL, BMW, and LOUIS VUITTON, as well as the personal name rights of Kate Moss. While the book has stirred up a tremendous amount of conversation in China, the authors are also eager to share these discussions with people in the Western world. The people in China want to be understood; they want the world to understand why their courts rule A rather than B, decide to protect C instead of D.There was just one problem - the book was written in Mandarin and thus inaccessible to most of the world.Translating this work to ensure its accessibility was the challenge Christopher put to me during that call. After a six-month search, the publisher had been unable to find a suitable translator because the process requires a command of Chinese legalese as well as sufficient experience with Western versus Eastern legal concepts to be able to translate the underlying ideas in a persuasive and thoughtful way; so that the insights shared by a Chinese judge sipping tea in his office in Beijing can be understood or even appreciated by millions of American executives drinking their coffee across the Pacific Ocean wondering how to how to make money and also protect their companies' brands in China.I was given a test case - it took me twenty hours to complete the first draft. I am grateful that the publisher was satisfied with my work and decided to engage me. In the last twelve months, I have spent most weekends in the library chewing, digesting, and translating these concepts so as to peel away the mystery surrounding trademark practice in China.From this book, you will get answers to "hot" trademark issues in China. For example:(1) Can one invalidate a registered trademark because it was obtained in bad faith? (2) What are the criteria for recognizing a mark as a "well-known" trademark in China? (3) Can one invalidate a trademark registration relying on a well-known unregistered trademark in China? (4) Can one invalidate a trademark registration relying on a well-known registered trademark in China where the two marks cover different goods or services? (5) Can a registered trademark be cancelled if it has become a generic term? (6) Can one successfully oppose a trademark application based on copyright? (7) Can one successfully invalidate a registered trademark if it is similar to a trade name? (8) Can one successfully invalidate a registered trademark if it is similar to a personal name? (9) Can one use a design patent registration as defense against a senior trademark registration? (10) How are damage amounts calculated in trademark infringement lawsuits?Each case is divided into three parts: (1) the facts; (2) the judgment; and (3) analysis and insight. Prior to diving into these cases, the chief editor provides a brief history of China's trademark system going back to the first recorded trademark more than 100 years ago, as well as the three amendments to the Trademark Law and the impact made by each.The experience has been both humbling and educational. It has further clarified in my mind why a pair of glasses that fit me perfectly may not be a good fit for others. China needs a different pair of glasses tailored to its prescription.For fifteen consecutive years, China has been the world's No. 1 country for receiving and processing the most trademark filings. The number of trademark filings in China in 2015 alone was one-third the trademark filings made around the globe. To put that in perspective, the number of trademarks filed in China in 2015 alone was three times more than the combined trademark filings made in the United States (second place) and the European Union (third place) over that same year. It is about time we understand how the trademark system works in China. What better way to gain insight into that system than to learn directly from the people who are making those decisions in China?We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Landmark Trademark Cases in China: An In-Depth Analysis. To get started finding Landmark Trademark Cases in China: An In-Depth Analysis, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Pages: —

Format: PDF, EPUB & Kindle Edition

Publisher: Kluwer Law International

Release: 2017

ISBN: 9041168427

Description: On a hot summer night in August 2015, while I was watching World News Tonight in my tiny apartment in New York, the phone rang. It was my buddy Christopher calling from Beijing, China. Christopher, one of the top trial attorneys in China, and someone with whom I had worked for many years, had a challenge for me. The best legal minds in China - including judges from the intellectual property (IP) tribunals of the Intermediate Court, High Court, Supreme People's Court, deputy secretary-general of China Trademark Association, seasoned examiners from China's Trademark Appeal Board, and people serving as expert consultants to trademark litigation cases - had written a book. The book, which is partly a response to Western criticism about IP issues in China, identifies twenty-six landmark trademark cases in modern Chinese history. Rather than providing a two-sentence decision about each case, the authors delve into the relevant law in detail, review the relevant law, discuss how the specific facts were addressed by the Trademark Office/Appeal Board/Courts, and provide the rationale supporting each decision. In addition, the authors offer guiding "best practices" for each case. The book is, thus, a practice guide showing brand owners how to survive and prosper in China, a country long perceived as the Wild West in today's trademark world.Since its publication, classes, seminars, and training sessions have been offered in big cities such as Shanghai and Beijing to study and discuss the book. Participants span the gamut from in-house counsel, to attorneys at private law firms, academics, researchers, examiners, and officials at different levels within trademark offices across China. The summarized cases involve well-known brands such as CHANEL, BMW, and LOUIS VUITTON, as well as the personal name rights of Kate Moss. While the book has stirred up a tremendous amount of conversation in China, the authors are also eager to share these discussions with people in the Western world. The people in China want to be understood; they want the world to understand why their courts rule A rather than B, decide to protect C instead of D.There was just one problem - the book was written in Mandarin and thus inaccessible to most of the world.Translating this work to ensure its accessibility was the challenge Christopher put to me during that call. After a six-month search, the publisher had been unable to find a suitable translator because the process requires a command of Chinese legalese as well as sufficient experience with Western versus Eastern legal concepts to be able to translate the underlying ideas in a persuasive and thoughtful way; so that the insights shared by a Chinese judge sipping tea in his office in Beijing can be understood or even appreciated by millions of American executives drinking their coffee across the Pacific Ocean wondering how to how to make money and also protect their companies' brands in China.I was given a test case - it took me twenty hours to complete the first draft. I am grateful that the publisher was satisfied with my work and decided to engage me. In the last twelve months, I have spent most weekends in the library chewing, digesting, and translating these concepts so as to peel away the mystery surrounding trademark practice in China.From this book, you will get answers to "hot" trademark issues in China. For example:(1) Can one invalidate a registered trademark because it was obtained in bad faith? (2) What are the criteria for recognizing a mark as a "well-known" trademark in China? (3) Can one invalidate a trademark registration relying on a well-known unregistered trademark in China? (4) Can one invalidate a trademark registration relying on a well-known registered trademark in China where the two marks cover different goods or services? (5) Can a registered trademark be cancelled if it has become a generic term? (6) Can one successfully oppose a trademark application based on copyright? (7) Can one successfully invalidate a registered trademark if it is similar to a trade name? (8) Can one successfully invalidate a registered trademark if it is similar to a personal name? (9) Can one use a design patent registration as defense against a senior trademark registration? (10) How are damage amounts calculated in trademark infringement lawsuits?Each case is divided into three parts: (1) the facts; (2) the judgment; and (3) analysis and insight. Prior to diving into these cases, the chief editor provides a brief history of China's trademark system going back to the first recorded trademark more than 100 years ago, as well as the three amendments to the Trademark Law and the impact made by each.The experience has been both humbling and educational. It has further clarified in my mind why a pair of glasses that fit me perfectly may not be a good fit for others. China needs a different pair of glasses tailored to its prescription.For fifteen consecutive years, China has been the world's No. 1 country for receiving and processing the most trademark filings. The number of trademark filings in China in 2015 alone was one-third the trademark filings made around the globe. To put that in perspective, the number of trademarks filed in China in 2015 alone was three times more than the combined trademark filings made in the United States (second place) and the European Union (third place) over that same year. It is about time we understand how the trademark system works in China. What better way to gain insight into that system than to learn directly from the people who are making those decisions in China?We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Landmark Trademark Cases in China: An In-Depth Analysis. To get started finding Landmark Trademark Cases in China: An In-Depth Analysis, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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Landmark Trademark Cases in China: An In-Depth Analysis

Landmark Trademark Cases in China: An In-Depth Analysis

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