Andrea_liang

Seasoned IP Attorney & Litigator

Effective Approaches to Address Absolute Grounds for Trademark Refusal in China

Trademark /

In the past three years obtaining trademark registration in China has become increasingly challenging. Notably, the absolute grounds for refusal stipulated in Article 10, Paragraph 1, Items 7 and 8 of China Trademark Law have emerged as significant hurdles in securing trademark rights. High Upholding Rate of Refusals on Review Article 10, Paragraph 1, Item […]

Effective Approaches to Address Absolute Grounds for Trademark Refusal in China Read More »

,

AIGC Case Update: AI Writing Tools and Baidu Keyword Settings

Artificial Intelligence, Uncategorized /

Attorney Comments This case sets an important precedent for organizations working in the generative AI space concerning the management of digital marketing assets and the reduction of intellectual property risks. From a legal risk management standpoint, the court’s decision clearly establishes that advertisers cannot rely solely on automated tools provided by third-party platforms—such as keyword

AIGC Case Update: AI Writing Tools and Baidu Keyword Settings Read More »

,

A Recent Landmark Ruling on Trade Secrets and Its Impact on Foreign Businesses in China

Trade Secret /

For many years, intellectual property (IP) protection in China has evolved gradually, often presenting challenges for foreign companies entering the market. These enterprises have had to balance the vast opportunities China offers with concerns about enforcing their IP rights effectively. Recently, however, there has been a significant shift. Chinese courts, especially specialized IP courts and

A Recent Landmark Ruling on Trade Secrets and Its Impact on Foreign Businesses in China Read More »

Exploring the Digital Frontier: Legal Guide for International Creators in China’s Emerging New Media Environment

Artificial Intelligence, Copyright /

Introduction: The TikTok Refugee Movement and the Emergence of a New Digital Opportunity Recent developments surrounding TikTok in the United States have sparked an unexpected and intriguing shift in digital user demographics. In January 2025, the potential ban of TikTok’s service in the U.S. led to a significant migration of American users seeking alternative platforms.

Exploring the Digital Frontier: Legal Guide for International Creators in China’s Emerging New Media Environment Read More »

,

The Dilemma of Certification Marks in China: A Critical Analysis of Distinctiveness and Systemic Risk

Trademark /

Introduction: Navigating the Challenges of Current Practice Within the intricate framework of Chinese intellectual property law, certification marks stand out as one of the most theoretically debated and practically uncertain areas. I am currently representing a leading organic certification organization in a case that highlights the significant ambiguities affecting this field. My client, a specialized

The Dilemma of Certification Marks in China: A Critical Analysis of Distinctiveness and Systemic Risk Read More »

, ,

False Alarm or Mere Preparation? An In-Depth Analysis of the 2025 Proposed Changes to China’s Trademark Law and Practical Effects

Trademark /

In the ever-changing landscape of Chinese Intellectual Property law, the only constant is change. Among the numerous updates, the recent amendment to the Trademark Law has sparked significant debate, expectation, and ultimately, reassurance. For international businesses and foreign legal firms keeping a close eye on China, understanding these changes is more than just a matter

False Alarm or Mere Preparation? An In-Depth Analysis of the 2025 Proposed Changes to China’s Trademark Law and Practical Effects Read More »

, ,

A Tactical Guide to Fighting Against Copycats on Chinese E-commerce

Copyright, Trademark /

Last week just before the Christmas holidays a Norwegian SME client has discovered counterfeit replicas of their products being sold on Chinese websites. Given that the client is seeking a prompt, effective, and cost-efficient solution rather than incurring high legal fees, how can we best address and resolve this e-commerce infringement issue? I. Protective Stronghold

A Tactical Guide to Fighting Against Copycats on Chinese E-commerce Read More »

Enforcing Foreign Judgments in China: A Practical Guide for International Brand Owners

Tech Transfer & Licensing /

I recently handled a query from the legal department of a UK-based company, a situation that highlights a frequent procedural difficulty in the enforcement of international judgments. The UK company had successfully sued a Chinese company’s UK subsidiary and its Chinese parent entity in a UK court and obtained a favorable judgment. The current challenge

Enforcing Foreign Judgments in China: A Practical Guide for International Brand Owners Read More »

Deconstructing the Boundaries of Trademark Exhaustion in the Era of Up-cycled Luxury

Trademark /

In the luxury industry, the global growth of the circular economy and sustainable fashion presents a challenging dilemma. On one side, it supports corporate social responsibility objectives and appeals to a new generation of eco-conscious consumers. On the other side, it raises complex issues of potential intellectual property violations, where the boundary between legitimate reuse

Deconstructing the Boundaries of Trademark Exhaustion in the Era of Up-cycled Luxury Read More »

,

Navigating the New Paradigm of Trademark Management in China

Trademark /

In recent years, Chinese trademark law has undergone a notable shift, with greater focus placed on the genuine use of trademarks. As a result, there has been a marked increase in cases where defensively registered trademarks have been cancelled due to lack of authentic commercial use. Registering and maintaining a trademark requires considerable time and

Navigating the New Paradigm of Trademark Management in China Read More »

,