Posted in IP Law, Miscellaneous

The complex Chinese position on IP, and ensuring Australian brand owners are adequately protected

With the recent enactment of the ChAFA, it is important to analyse what is the IP panorama in China.

To give you an idea of the size of it: China’s trade mark office is the busiest in the world .2+ million new trademark applications in 2014, 3 million in 2015/2016. For the records, US make less than 1 million and Oz goes with just 64,500.

Moreover, the workflow now requireso nly 12 months (faster than the Madrid track), although the steeped zealous may unduly hamper some registration.

So, a few tips if you’re an Aussie and you are pursuing registration in China:

  • deploy registration(s) at the earliest stage possible
  • be prepared to file a  Chinese version of your trademark
  • pay attention to the subclasses (which are not much common in the western world)
  • pay attention to ADR, as enforcing judgements in China is not easy peasy
  • if you want to pursue registration through the Madrdi path, watch out for the sub-classes that will be filled in.

Source

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Author:

Junior Legal Counsel with a remarkable lust for legal and business knowledge

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