Hong Kong

The CNIPA has recently issued a draft amendment to the Trademark Law for public comment. As bad faith trademark squatters continue to plague the China trademark registration system, China will up the ante in the fight against malicious filers. It’s crucial for international brands to be aware of these changes, as they will have significant impacts on brand owners’ trademark strategies in China. 

New changes include an obligation on registrants to demonstrate use of their trademark every five years, as the CNIPA aims to clear up the trademark register. This potentially may lead to more litigation from trademark owners against bad faith squatters.

These changes could positively impact the integrity of the trademark registration system and save brand owners significant resources. The discussion will focus on how brand owners may look to adjust their trademark filing and portfolio management strategies, especially in maintaining a database of evidence to prove use of their registered marks.

In this webinar, experts from Rouse and Lusheng Lawyers will be taking participants through the proposed changes and will provide insight into the potential impact of this amended legislation.

We look forward to you joining us.

Moderator

Rachel Tan
Principal, Global Head of Trademarks
Rouse

Rachel leads Rouse’s global trademarks team and has handled a wide range of issues relating to trademarks and designs across many jurisdictions.

Her current practice covers multi-jurisdictional brand clearance, protection and registry enforcement, with a focus on trademark authorities and administrative court litigation in China.  She provides strategic advice on trademark portfolio creation and management, localising foreign brands, registering non-traditional trademarks, obtaining well-known trade mark recognition and combating bad faith trade mark applications.  She also supports brand owners on advertising and media related issues to ensure their communications with consumers complies with local laws and regulations as well as cultural sensitivities.  By leveraging data and analytics, Rachel assists brand owners in focusing their trademark activities in ways that build brand equity.

Speakers

Amanda Yang
Principal
Rouse

Amanda has been working in the IP industry since 2004.  She has expertise in the acquisition of well-known trademark recognition, advising on the registrability of non-traditional trade marks (sound marks, colour-combination marks, certification marks, and geographic indications), trademark transactions, licensing, as well as integrating IPR protection strategies with portfolio management.

Her client base spans from multi-national companies in industries such as pharmaceuticals, technology and machinery, food and beverage, real estate, education, and fashion.  She also provides strategic guidance and advice to Chinese clients on global IP management.

Amanda gives presentations on IP rights at events organised by various Trade Commissions and business associations, including the EU Chamber of Commerce in China.  She writes for a number of legal publications, such as Managing Intellectual Property, China Law and Practice, China Intellectual Property.

Carol Wang
Head of Shanghai Litigation Group
Lusheng Law Firm

Carol Wang is Head of the Shanghai Litigation Group at Lusheng Law Firm. Carol has abundant experience advising on IP protection strategies in China.

She has particular expertise in relation to copyright and design protection, well-known trademark recognition, patent prosecution and litigation, and unfair competition laws, and has managed brand protection programs for several major clients.

Having worked closely with clients on all aspects of IP, she has developed an in-house perspective which enables her to help them develop IP strategies that meet their business needs.

Her clients include the world's well-known companies from Europe, North America, etc. and covering industries of fast-moving consumer goods, luxury, fashion, entertainment, industrial commodity manufacturing and many other fields. She is a regular contributor to IP magazines and journals including Managing Intellectual Property, Copyright World and China Law and Practice.