This book summarizes Dr. Jian Xu's years of experiences of serving clients on every aspect of Chinese intellectual property. It is designed to be a highly practical handbook, dealing with the full range of IP rights and the full range of situations, from basic advice on registration strategy, to detailed advice on dealing with rights which arise during the course of employment, as well as practical guides on conducting IP infringement actions in China.
Among the gems in this book are highly practical guides to the appointment of investigators -a key aspect of protection in China-, tips for combating pirated trade marks -a prevalent problem for brand owners operating in China-, detailed action plans for intellectual property enforcement, as well as the best steps to use the systems in place at the Canton Fair to obtain instant redress.
The practical advice in this book is definitely a useful resource for global IP professionals when/if they deal with China IP issues for their client/company.
TABLE OF CONTENT
Practice notes on design filing
Notable changes of amended patent law
Choosing private investigators for anti-counterfeiting work
Legal grounds for combating pirated trade marks
Toolbox for trade mark opposition
Evidence checklist for trade mark opposition/cancellation
Intellectual property recordal at Customs
Four courses of action for IP enforcement
General strategies for IP enforcement
General strategy of IP complaint at Canton Fair
Practical tips of making IP complaints at Canton Fair
Practical tips for notarised trap purchase
Dealing with infringers using false company address
Letter of consent relating to trade marks
Establishing copyright ownership
Evidence of trade mark use
Pragmatic anti-counterfeiting by risk/benefit analysis
Notes on partial designs
Contributory infringement of foreign supplier
IP holding company
Evidence for well-known trade marks
Action plan for patent infringement
Typical process of patent infringement action
Chinese character trade marks
Tips on translating trade marks
Collective trade marks
A primer for intellectual property registration
A primer for unfair competition
A primer for intellectual property enforcement
Domain name registration and compliance
Legal grounds for domain name disputes
IP registration beyond mainland China
Utility model coupled with an invention patent
Proving bad faith in trade mark dispute
Notable features of trade mark assignment
Requesting an open hearing for trade mark cancellation
Summary of patent registration requirements
Summary of trade mark registration requirements
Summary of copyright recordal requirements
Copyright registration of computer software
Employee inventor compensation
Technology transfer - three categories of technology
Inventions made-in-China
Trade mark piracy by the agent or representative
Trade name vs. trade mark
"Right of name/portrait" vs. trade mark
Determining the similarity of goods/services
Determining the similarity of trade marks
Notable features of patent prosecution
Recognition of well-known trade marks
Determining the similarity of designs
Requirements for design drawings
Trade mark infringement in OEM
Paying bond for Customs seizure
IP complaint at B2B websites
The consequence of double patenting
Double standard for the skilled artisan
Electronic evidence in IP litigation
Copyright in the course of employment
Fair use of copyright
Prior use defence in patent litigation
Provisional protection of patent application
Prosecution history estoppel in patent litigation
China's National IP Strategy