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Features list
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Jiayan Xie of Deqi Intellectual Property Law Corporation assesses the circumstances in which trademark coexistence agreements are effective in China, looking at the requirements for such agreements and various judgments
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Vivien Chan and Ann Xu analyse the draft amendments to China’s Copyright Law, including the liability of ISPs and rules around damages and assess recent court judgments
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Feng Zheng of Wanhuida Peksung analyses a number of Supreme Court rulings on the doctrine of equivalents, including those concerning the all element rule and process patents
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Lina Li and Yunze Lian of Jadong emphasise the importance of protecting Latin alphabet trade marks in Chinese, looking at both translation and transliteration of marks
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Bin Zhang and Lei Fu of CCPIT evaluate the rules around non-infringement declarations, including those connected to warnings, jurisdiction and compensation
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It is uncontroversial to say that, in years gone by, the reputation of China in the realm of IP protection and enforcement was far from good. Rightly or wrongly, the themes that were commonly associated with China included trademark squatting and counterfeiting. Concerns about IP practices even sparked the recent trade dispute between the US and China, and US authorities have been clamping down on alleged trade secrets theft by Chinese nationals.
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