|Getting ready for Myanmar’s new Trademark Law|
Issue 01, 2021
After the long-awaited enactment of Myanmar's new Trademark Law in 2019, the Burmese finally ushered in a new age of intellectual property rights protection. The 2019 Law signals Myanmar's important first step to improve intellectual property rights protection to international standards, and provides a more certain structure to its trademark registration regime as it emerges as one of the most exciting nations in South-East Asia for foreign investors.
|China's top 10 trademark developments|
Issue 11, 2020
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.
|Beyond registration: Case sharing on how to defend and maintain your trademark in China|
Issue 10, 2020
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.
|New guidance document on trademark infringement in China|
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.
|Suspension of trademark examination pending proceedings against cited marks|
Issue 08, 2020
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.
|How an asymmetric jurisdiction clause may affect enforcement in mainland China: A new take by the Hong Kong SAR court|