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In a recent landmark decision, the newly established Beijing Intellectual Property Court (Court) awarded the first ever maximum statutory damage under China's new trademark law in favor of French--Italian luxury [...]

The article comments on brand piracy in China and how reforms to the country's trademark system can impact the situation. It mentions that brand owners choose to international registration (IR) through the World Intellectual Property Organization (WIPO) or to a file trademark application with the Chinese Trademark Office (CTMO). It highlights trademark classification system of China, and problems associated with enforcement of IR.

In this article, the authors offer guidance to brand owners doing business in China. They mention the growing concern of trademark piracy in China which is due to less number of Chinese speaking English in their nation. They add because of this, the overseas brand owner face the threat of losing the Chinese brand and being sued by the third party registrant for using it.

The article discusses the exceptions allowed in Canada for comparative advertising purposes under the Trade-marks Act and Competition Act for portrayals that do not depreciate goodwill of marks. It takes note of the importance of obtaining advice from intellectual property counsel and cites the lack of provisions in the Trademark Law of China for usage of marks in parody. The protection of prior trademarks in France and application of the principle of exhaustion in Germany are also noted.

The article offers tips on how intellectual property (IP) owners could draw the support of administrative enforcement officials in resolving IP violations in four jurisdictions. The jurisdictions are the global practice, China, France, and Germany. Among the violations of IP rights are trade mark infringement, copyright infringement, and unfair competition.