China forms the centrepiece of this issue's cover story.
Just recently, for our China IP Focus 2019, I wrote about the challenges that brands face in protecting their IP in China. Despite the well-known struggles, I said, it's important to remember that the situation is improving continuously, especially amid a host of structural and legislative reforms.
Now, we bring you some practical tips from in-house counsel based in China and abroad. The companies, which include Starbucks and Philips, offer a range of views on taking a smart approach to trademark registration and enforcement. There is plenty of valuable information to pour over and we hope you find it useful. Given that we've brought together numerous views in one place, we hope that we've provided a clear picture of the brand protection landscape.
The piece also looks at China's proposed changes to tackle trademarks filed in bad faith, which have been a longstanding problem. While the plans don't name a blacklist as such, they do include measures which essentially amount to naming and shaming 'abnormal' filers. These include publication of filers' information on the IP office's website and inclusion of their names on China's personal social credit system blacklist. It will be interesting to see how the plans progress and whether they meet resistance at a high level.
Finally, the article considers the issue of trade secrets. These are perhaps the trickiest form of IP to protect, and the situation is no different in China. As we find out, the lack of a discovery process and comprehensive regulation, plus the heavy burden of proof for plaintiffs, make trade secrets cases very difficult to crack. At least there are some strategies that you can try, according to the in-house counsel that we have spoken to.
Some of the issues discussed in the cover piece will undoubtedly arise at the International Trademark Association Annual Meeting in Boston, from May 18-22. There are several sessions dedicated to trademark developments in China, and I suspect these sessions will be very well attended. Managing IP will be attending what is the biggest trademark event of the year, providing live updates from the conference and exhibiting at Booths 504 and 506. We hope to see you there!
Ed Conlon
Managing editor
