Well known foreign brands face infringement headaches of many kinds in China.
The legal system and judicial practice in the PRC are improving, and intellectual property law can provide some protection for well-known brands. However, many problems still exist, one of the most prominent being the question of to what extent a well-known foreign brand that has not been registered as a trademark in the PRC can obtain protection.
Securing protection
Lawyer, Senior Client Manager
Chang Tsi & Partners
If IP registration (including registration of trademarks, designs and copyrights) has been carried out in the PRC for a well-known foreign brand, it will have lawful rights when claiming administrative or judicial protection. However, if no applications for, use or registration of a well-known foreign brand has been made or carried out in the PRC, it will be difficult to secure effective legal protection.
Trademarks that are not registered may or may not enjoy public recognition.
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Liu Yushen is a lawyer and senior client manager at Chang Tsi & Partners
7-8th Floor Tower A, Hundred Island Park,
Bei Zhan Bei Jie Street, Xicheng District, Beijing
Postal code: 100044
Tel: + 86-10-8836 9999
Fax: + 86-10-8836 9996
www. ctw.com.cn
E-mail: mail@ctw.com.cn
