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 »
When assisting international companies entering the Chinese market, one of the most common and challenging issues we face involves registering trademarks that include or reference foreign country names. At first glance, the legal framework seems contradictory. Public campaigns and general knowledge of intellectual property law have taught many that a trademark identical or similar to
Following the discussion on essential trademark compliance—such as strict adherence to registered mark formats, statutory deadlines, and approved classification limits—this advisory focuses on the complex issue of maintaining defensive trademark registrations against Article 49 cancellations (Che San) under China Trademark Law. Although these registrations are not actively used in commerce, they play a vital strategic
A recent inquiry from a client at a leading film production company highlighted a critical issue: How can the unique persona of a star character be protected within the film itself? This question moves beyond the simple use of a heads hot, touching upon the very essence of how a celebrity commercial value is created
Navigating Celebrity Portrait Rights in China Read More »
In recent years I have witnessed a significant and crucial transformation in the digital world. Core internet services—such as CDN acceleration, DNS resolution, and development frameworks—have traditionally operated under the principle of technical neutrality. This principle has long protected these infrastructure providers from being held directly responsible for the content they help deliver. They were
When the Shield Breaks: The New Age of Internet Liability Read More »
Overview To tackle the increasing problem of trademark violations in China rapidly expanding e-commerce industry, the State Administration for Market Regulation (SAMR) has introduced draft regulations titled Regulations on E-commerce Platforms’ Assistance in Investigating and Handling Trademark Infringement Cases (Draft Regulations). This initiative supports China wider intellectual property (IP) protection goals outlined in the Outline
A recent decision by the Shanghai Intellectual Property Court offers a vital lesson for international brand owners and their Chinese partners. The court overturned a lower court ruling in a trademark licensing dispute (referred to here as the Brand A Case), dismissing the plaintiff claims entirely. This case, centered on a sub-licensing arrangement involving a
Introduction: The Emerging Landscape of AI Voice Rights Protection The swift progress of artificial intelligence has dramatically changed the ways we create, share, and consume digital content. One of the most revolutionary developments is AI voice synthesis technology, which allows for the creation of highly realistic, human-like voices from text input. While this technology holds
China’s First Case Involving AI-Generated Voice Infringement Read More »
Introduction: Fundamental Principle and Recent Changes China trademark system, like many worldwide, is based on the principle that trademarks must be actively used. A trademark is not just a registration certificate but a commercial asset that identifies the source of goods or services. To uphold this, Article 49(2) of China Trademark Law allows anyone—individuals or
Over the last ten years, China legal framework has made remarkable progress by enhancing IP protections, establishing specialized courts, and raising statutory damage limits. The government stance is clear: IP is a valuable asset, and violations will face penalties. Nonetheless, there often remains a considerable gap between the legal entitlement to prevent others from using
