Things to Consider before Filing a Trademark Application under the Madrid Protocol in Thailand

FotorCreated222Following an exciting webinar on the Madrid International Trade Mark System last week, our IPR SME Helpdesk  Expert Mr. Franck  Fougere  from Ananda  Intellectual Property has kindly drafted for us a blog post on the pros and cons of filing a trade mark application under the Madrid Protocol in Thailand.

The Madrid Protocol is a system that facilitates trademark applications in multiple countries. Thailand is expected to join the Madrid Protocol before the end of 2016. There are, however, issues that the prudent business owner should consider before filing a trademark application via the Madrid Protocol. These issues are of particular importance  for Thai businesses that plan to file applications in Thailand. Continue reading “Things to Consider before Filing a Trademark Application under the Madrid Protocol in Thailand” »

Bad Faith Trade Mark Registrations in China

Prior trade mark registrations, also called ‘bad-faith registrations’, are a significant problem that many European companies encounter in China. This process commonly involves a Chinese company first registering the trade mark of a foreign company in China with the express intention of selling it back to the foreign company at an inflated price. Finding out that a Chinese company has registered a bad faith trade mark is one of the biggest complaints of European Small and Medium Enterprises (SMEs) trying to enter the Chinese market. These prior registrations can limit the foreign company’s freedom to operate by restricting its ability to enter the China market or even to source goods from China.

As an example, a Scandinavian SME used a Chinese factory to make its goods for export. The Chinese supplier registered the Scandinavian company’s trade mark in China and engaged China’s customs to intercept export goods bearing the trade mark, thereby disrupting the Scandinavian company’s business. Continue reading “Bad Faith Trade Mark Registrations in China” »

Good News! The Chinese Trademark Office is introducing Seven New Services for Trademark Applications.

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shutterstock_81193486-520x345Today our expert Rainy Liu from Beijing Lawconstant shares with us some good  news from the Chinese Trade Mark Office.

As of the 24 March 2016, the Chinese Trademark Office will

  • Issue a new ‘Guide to Common Questions for Trademark Applications’ which will address inquiries relating to the new Chinese Trademark Law.
  • No longer require notarisation of certified documents for trademark applications including; the image or name of celebrities, trademark assignment, revocation and correction of the name or address of foreign applicants.
  • Provide guidelines and explanations detailing appropriate responses to ‘official actions’.

Continue reading “Good News! The Chinese Trademark Office is introducing Seven New Services for Trademark Applications.” »

Benefits of an FTA in South-East Asia from SMEs’ perspective: experience from Vietnam

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EU-VietnamFTA – An increasingly hot topic in South-East Asia

Brief overview of the advantages of FTA

In recent decades Free Trade Agreements (FTAs) have become more and more prolific in South-East Asia as nations strive to boost the volume of trade. FTAs are considered to be beneficial, as they; enhance trading opportunities, increase exports, create stronger ties between trading partners, offer new opportunities for foreign investment and wider economic integration by lowering trade barriers and harmonizing legal and regulatory systems through the application of international standards.

On-going FTA negotiations in South-East Asia

The instrument of FTAs is widely used by various governments. Currently, there is a great number of FTAs (almost 40 according to World Trade Organization (WTO)) already in the implementation phase in the South-East Asia region and many more in the negotiation phase. Vietnam, for example, is included in the implementation of at least 12 FTAs and has recently initialled 4 more FTAs, including the EU-Vietnam FTA (EVFTA). The European Union (EU) has worked towards establishing FTAs with a number of South-East Asian countries in order to boost trade in a more predictable environment for trade and investment relations. Following the conclusion of the EU-Singapore FTA in 2014, negotiations with Vietnam were completed in December 2015 – the same month in which negotiations for an FTA with the Philippines were launched. The EU also remains committed to resuming negotiations with Malaysia and Thailand when conditions are right. It has also concluded the scoping exercise with Indonesia and is working towards the opening of FTA negotiations. This article will take a closer look at the changes that the EVFTA will implement in relation to IPR and what this may mean for European SMEs. Continue reading “Benefits of an FTA in South-East Asia from SMEs’ perspective: experience from Vietnam” »

Back to the Basics Series: The realities of doing business in China – Copyrights and Trade Marks

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RegisteredChina’s intellectual property rights (IPR) system  has come a long way in the past 30 years, and development continues – a revision of the trade mark law came into force in May, paving the way for more thorough protection for rights holders. Although China is now coming into line with international IPR standards, there are still many ways in which the system differs from the European one. Below the China IPR SME Helpdesk takes a look at two major types of intellectual property rights, trade marks and copyright, and considers how these differ from European standards. Continue reading “Back to the Basics Series: The realities of doing business in China – Copyrights and Trade Marks” »