By Cecilia Lou  Ding Xianjie Yao Di  King and Wood Mallesons’ IP Legal Group

The current PRC Trademark Law (“Law”) was implemented in 1983, and revised in 1993 and 2001, and it has played a significant role in supporting the development of the PRC social economy since its implementation. However, the current Law is complained a lot in practice mainly because the registration procedure is fairly complex and time consuming, bad faith registration is common and difficult to stop and it provides insufficient protection against trademark infringement. Thus, The latest draft of revision of PRC Trademark Law Draft (“the Draft”) has been released and is currently open for any public comments until January 31, 2013. Generally speaking, the Draft addresses to the above mentioned issues.
Continue Reading Five Issues You should be Aware of the Latest Draft of Revision of PRC Trademark Law

By Kenneth Choy, Partner, King & Wood – Hong Kong

At times, an international company may find that their application for registration of a trademark is rejected by the Chinese Trademark Office. When this happens and all administrative appeals are exhausted, are there alternative means of brand protection available in China?Continue Reading Copyright Protection for your Brand when Trademark Protection is Unavailable

By Jiang Ling, Partner, King & Wood’s Trademark Department

Concise and vivid advertising slogans quickly draw the public’s attention and are integral to a company’s brand. Over years of use and promotion, some slogans have become well-known to the public, such as Nike’s "Just do it",  Adidas’ "Impossible is nothing" and DeBeers’  "Diamonds are forever." In many ways, such slogans are often no less important than the company’s logo and other marks. As such, companies must figure how to protect and prevent the unlicensed use of their advertising slogans. Accomplishing this in China presents a unique set of considerations.

Continue Reading Just Do It!? Protecting Advertising Slogans in China Part I

China’s rapid economic development and its emerging middle class allow franchises to operate in China under the following model:

The franchisor
• owns a well-known brand with a global reputation;
• has a strong desire to expand its brand in China;
• currently lacks sufficient capital and the traditional franchising model is no longer suitable to support such expansion.

The franchisee:
• has a well-developed distribution network;
• already owns second-line brands for the same or similar products which have already established certain market share in China;
• has ready capital and other operational resources.

By Cecilia Lou, Partner at King & Wood’s Intellectual Property Group

Continue Reading Franchising Challenges in China Part II