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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, July 19, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide guidance to counsel for companies with products in China to ensure IP protection through trademark registration. The panel will examine the considerations and procedures involved with securing trademark protection in China, such as actions against infringers.

Faculty

Yixian Chen
Barrister & Solicitor
Jones & Co

​Yixian Chen’s practice is focused on the protection and enforcement of intellectual property in China, including trademarks, copyright, and industrial designs. She regularly helps international clients with IP portfolio management and strategic planning for the filings and prosecutions. She has broad experience in intellectual property disputes in China and assists international clients with developing litigation strategies in China and conducting settlement negotiations. She helps clients with understanding the requirements of China’s civil procedure laws and is instrumental in collecting and evaluating evidence for intellectual property litigation in China. She is also familiar with administrative proceedings before the China National Intellectual Property Administration and the PRC Customs. She has a Bachelor of Laws degree from Southwest University of Political Science and Law (Chongqing, China), and two Master of Laws degrees from Osgoode Hall Law School (Toronto, Canada). She has also studied European law at the Martin-Luther University of Halle-Wittenberg in Germany. She is a Barrister and Solicitor licensed to practice law in Ontario, Canada. 

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Paul D. Jones
Principal
Jones & Co

Mr. Jones advises on national and multi-jurisdictional trade-mark and domain name applications and disputes. He assisted a client in its precedent setting victory in the Supreme Court of Canada in a pharmaceutical patent dispute. He advises on copyright matters including software, entertainment and film matters and on patent disputes, particularly where an abuse of patent rights is alleged.

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Description

The China National Intellectual Property Administration (CNIPA) has received a record-high number of trademark applications in recent years. However, the number of trademarks approved for registration has declined. Counsel advising clients who do business in China need a strong understanding of Chinese trademark laws and procedures in order to protect their client's assets. Do OEMs really need to register their marks in China? How do Chinese speakers view Latin alphabet marks? Should you advise your client to create a Chinese character equivalent of the mark, and if so how should you go about this?

The panel will discuss what clearance is advisable, the advantages and disadvantages of national applications versus Madrid applications, the identification of goods and services, and the importance of sub-classes in China. We will cover defensive filing, how do opposition and cancellation proceedings work, the rules of evidence, and when to appeal a Trademarks Office decision to the courts. The panel will touch on the conduct of litigation in China and the efficiency of using Chinese courts.

The panel will also discuss post-registration strategies, how can trademark holders work with customs in China, and whether there are alternative forms of protection that businesses should consider.

Listen as our authoritative panel examines the considerations and procedures involved with securing trademark protection in China. The panel will provide guidance on addressing trademark issues in China.

Outline

  1. Recent developments in Chinese trademark law
  2. The status of the OEM exception
  3. Navigating the application process
  4. Oppositions and cancelations
  5. Post-filing considerations
  6. Beyond trademarks

Benefits

The panel will review these and other key issues:

  • What issues must be addressed for trademark registration in China?
  • What steps can U.S. companies implement to protect their brands against infringement?
  • What timing considerations should counsel keep in mind when determining when to file a trademark registration?