2 June 2021
In November 2019, amendments to Chinese Trade Mark law came into effect around bad faith filings, which continue to be a problem in China.
Melvin Mei, one of Rouse’ trade mark experts in Shanghai reflects on the practical implications of these amendments. He explores the underlying reasons for the large numbers of bad faith filings, the first to file system and what steps brand owners can take to protect themselves. Melvin also discusses the actions which authorities have been taking since the enactment of this amendment on trade mark agencies.
Arbitration is also the preferred method of dispute resolution for cases involving China because foreign judgments are not enforceable there. While the Chinese courts are an option – and despite the substantial improvement in the Chinese IP litigation system – many parties prefer to arbitrate dispute rather than litigate.
The COVID-19 pandemic has seen intense cooperation efforts in the pharmaceutical and life sciences areas as well as significant leaps in the development and use of technology, all of which may in the longer term lead to disputes over the scope and terms of the cooperation agreements and rights to inventions and other developments.
Rouse’s Global Head of Dispute Resolution, Doug Clark, will talk about how he sees the future of IP dispute resolution in Asia, focussing on China, as well as the various options for arbitration IP disputes in Asia. In doing so he will discuss key issues that have arisen in recent arbitration disputes he has handled both as an arbitrator and as counsel.
Global Head of Dispute Resolution, Rouse
dclark@rouse.com