Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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Copenhagen conference: traditional brands in a digital market (Part 2)
After the coffee break, the cleverly-named "wild wild web" session examined issues surrounding websites that sell counterfeit goods, especially tackling the China jurisdiction. Loke Khoon Tan (Baker &Mc Kenzie, Hong Kong) explained that in case of unknown offline presence in China, it can be requested to revoke the ICP licence-keep in mind that only the local regulatory agency can file directly such complaint (after being prompted by private parties). Comparing it with the European practice, in case the physical location of the infringer cannot be found, domain names can be seized upon filing a criminal action (works with worldwide domain names).
Then the speakers covered issues about specific online platforms in China (Tao bao, We chat and Tmall are the equivalents of Ebay, Twitter and Whatsapp). Again, if possible take the battle offline because all these transactions are not recorded (difficulties in investigation and no easy way to search and identify) because there is no precedent for holding a social media liable (as compared to ECJ's case-law). Take away points are 1):come up with effective enforcement strategy, 2)take down system at online trading platforms may be effective but private investigations or sample purchase may be required to collect evidece, 3)taking the battle offline allow the use of conventional enforcement methods. The final piece of advice is Chinese case-law is continuing evolving so like climbing up the great wall, keep on persevering and the view will be amazing.
For members who would like to know in detail about the TM law Made in China which came into effect in May 2014, MARQUES China team organizes a workshop dedicated to it in the afternoon.
Posted by: Laetitia Lagarde @ 14.04Tags: annual conference, copenhagen, 2014, chinese trademark law,
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