It’s been an old demon for China with foreign investors, but intellectual property protection may just be taking a turn for the better. And it couldn’t be more needed, with issues like bad-faith filings topping out at 40,000 annually and high-profile cases continuing to make headlines for the wrong reasons overseas.
The April issue of China Business Law Journal has produced a comprehensive study on inbound and outbound IP developments, trends and issues. Dancing in unison looks at the developments in enforcement in China. It seems that for the first time, a concerted and co-ordinated effort to battle piracy and protect intellectual property is in swing via amendments to flagship trademark, copyright and patent laws, all of which propose higher damages and more enforcement powers to courts and administrative authorities.
Perhaps the most significant are changes to the Trademark Law, a draft of which should be promulgated some time in the coming months. Significant changes include trademark applications covering goods in multiple classes and registrable options for sounds and single-colour marks. But changes regarding enforcement are proving controversial. And confusion is apparent due to court directives that seem at odds with some provisions. We also look at IP infringements on the internet.
Outbound, our article entitled Swimming in the big pool guides IP owners through the murky waters of international IP law. From the US and Latin America to Europe, the Middle East, Africa and at home here in Asia, we update you on new regulations and trends in litigation and IP rights. Companies expanding abroad are growing in sophistication, with an increased awareness of IPR protection, and the willingness to litigate to achieve it. This comprehensive article will prove invaluable to IP owners travelling across jurisdictions.
Our Profile article this month, Old gold, proves age is no deterrent to hard work and a good mind. Ren Jisheng is China’s oldest practising lawyer (as far as we know) and has turned quite a few corners in his 86 years. He shares some of his experiences with us, as well as his views on the legal landscape ahead as China enters into a new era of central leadership.
Finally, Net gains provides an in-depth analysis of China’s first antitrust enforcement case involving the internet giants Tencent and Qihoo. This protracted yet interesting battle has been playing out for months and the Court of First Instance has made great progress in terms of judicial techniques for applying the Anti-Monopoly Law. The final outcome of the case depends on whether Qihoo will appeal to the Supreme People’s Court. But with this first enforcement, it seems a valuable corner has definitely been turned.
