Sharpen Your Sword: Adduce Proof When Claiming Prior Copyright to Challenge a Trademark in China

Linda Liu & Partners
Contact
A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior copyright has its advantages in trademark opposition and invalidation cases. However, there is some misunderstanding about work and copyright in practice. And the creation of copyright does not require registration, which is different from patent and trademark, thus to prove the existence of copyright is much more See more +
A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior copyright has its advantages in trademark opposition and invalidation cases. However, there is some misunderstanding about work and copyright in practice. And the creation of copyright does not require registration, which is different from patent and trademark, thus to prove the existence of copyright is much more complex than to prove registered trademark right or patent right. See less -
Embed
Copy

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Linda Liu & Partners | Attorney Advertising

Written by:

Linda Liu & Partners
Contact
more
less

Linda Liu & Partners on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide