Vivien Chan & Co: 2020 publications

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Vivien Chan & Co: 2020 publications

Sponsored by

vivien-chan-400px.png
china-patent-law.jpg

Experts from Vivien Chan & Co report on significant developments from the IP world across China and the Asia-Pacific

Vivien Chan & Co. is a full-service law practice with offices in Hong Kong SAR (1985) and Beijing (1993). The firm is consistently recognised as a premier law firm for and in Greater China, and has over 30 years of knowledge of the legal culture and market dynamics.

The firm's lawyers produce regular publications for clients. These provide updates on significant changes and developments on the area of intellectual property law in China and the wider Asia-Pacific region.

 

China's top 10 trademark developments

20b7cc2b2657440ca2e693d8d7643b13

Issue 11, 2020

Anna Mae Koo, Ann Xu

Vivien Chan & Co's experts review and list the top 10 developments from China in 2020. The highlights include the bad faith provision against trademark squatters and agents, the suspension of refusal review pending the disposition of prior marks, the stricter examination of specifications for international registrations, and increased penalties against trademark infringers.

Download and read the full article

 

Beyond registration: Case sharing on how to defend and maintain your trademark in China

c11a453c5da448a1bb48e7c69dcf5f30

Issue 10, 2020

Vivien Chan, Ken Hung

Apart from gaining unfair advantage via prior bad faith trademark filings/registrations in mainland China, squatters are trying to attack brand owners' prior registrations, followed up by their own filings to try to gain unfair advantage against brand owners. Securing your own trademark registrations will be an important first step, while brand owners shall also get themselves ready in maintaining and defending their own trademark registrations.

Download and read the full article

 

New guidance document on trademark infringement in China

c3e92a9e3aac42c9afd65da4f5687b0a

Issue 09, 2020

Vivien Chan, Anna Mae Koo

In June 2020, China's National Intellectual Property Administration (CNIPA) issued the highly anticipated Criteria for Determining Trademark Infringement (the Criteria). The Criteria offers unified standards and guidance to frontline enforcers in determining claims for trademark infringement in China. The Criteria also provides answers to owners of Chinese trademarks for some common issues in enforcement.

Download and read the full article

 

Suspension of trademark examination pending proceedings against cited marks

f309006c586f455b83d3ea940bdb11a8

Issue 08, 2020

Anna Mae Koo, Ann Xu

When a trademark application is blocked due to the existence of prior similar mark(s), one of the ways to overcome the same would be to try removing the prior mark(s), such as commencing opposition/invalidation/cancellation proceedings. However, under the examination practice in China, there is no formal suspension procedure, meaning that the trademark application will continue to be examined notwithstanding that the actions against the prior mark(s) are still pending.

Download and read the full article

 

How an asymmetric jurisdiction clause may affect enforcement in mainland China: A new take by the Hong Kong SAR court

e31618b0490b485b80e03f7b3d93c735

Issue 07, 2020

Vivien Chan, Ken Hung

An asymmetric jurisdiction clause (AJC) is a jurisdiction clause that allows one party to commence proceedings over disputes arising from the underlying contract against the other contracting party in any jurisdiction of its choice while the other party is restricted to commence proceedings exclusively in one specified jurisdiction. AJCs are most commonly used in facility or loan agreements, especially if the agreement involves cross-border financial arrangements or overseas parties.

Download and read the full article

more from across site and SHARED ros bottom lb

More from across our site

Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Gift this article