By Mark Schaub, Sun Liang, Wang Ni and Melanie Stoeckert  King and Wood Mallesons’ Corporate  Group

On 17 December 2012 the Chinese Ministry of Commerce (“MOFCOM”) promulgated the Guiding Opinions on Promoting Brand Consumption in China (the “Opinions”). The Opinions are not particularly interesting for what they do but for what they signal as to MOFCOM’s attitude towards brands, and in particular the importance placed upon the building and developing of Chinese brands.

The main concepts embodied in the Opinions are as follows:

Brands Matter

It is clear on a number of fronts, that the Chinese authorities are not content with China being relegated to producing for foreign brand owners or for producing no-name brand products.
Continue Reading Go Forth and Build Brands in China

作者:陈长会 蒋志培 金杜律师事务所知识产权


多数走出去企业在发展之初并没有预见到将来能够有机会走出去,也没有足够资金和实力到海外注册企业、商标或域名,往往是等到准备走出去之时或者走出去之后才发现其名称、商标或域名早已存在或已被他人恶意抢注。最典型案例是海信集团与博西 “HiSense”商标纠纷以及国内某知名企业标识更换事件。借助于海信在国内行业地位以及中国市场在博西战略中份量,海信集团在国内舆论、学术界及政府各方努力下,最终与博西友好地化解了纠纷,拿回了商标权。而上述国内某知名企业则因原名泛滥采取更名策略,而新名称选择又欠妥,导致推广新标识代价巨大、困难重重。由这两个案例可见,解决企业名称、商标、或域名纠纷往往需要综合考量和高超技巧。
Continue Reading 走出去企业如何应对与品牌有关的知识产权争议

By Chen Changhui and Jiang Zhipei  King & Wood Mallesons’ Intellecutual Property Group

Chinese enterprises are progressively pursuing outbound investment strategy by expanding their businesses abroad. How to build the global branding of Chinese manufacturing is a key concern in China’s outbound investment strategies. If all Chinese-related exports, either “Made in China” or “Created in China”, continue to use the registered trademark of others without paying great attention to cultivating their own brands, Chinese exports are extremely likely to be kicked out by trademark owners in the international market.

Most Chinese enterprises don’t have immediate plan for outbound investment, or have sufficient financial strength to register enterprises, trademarks or domain names overseas in their early stage of development, and then find out their enterprise names, trademarks or domain names are already in existence or have been registered by others out of malicious cybersquatting.
Continue Reading Brand-Related Intellectual Property Disputes in Outbound Investment