Today
we continue with the lessons learned
during one of our favorite experience of this year: the International Trademark
Association annual meeting (INTA 2014),
which took place in the amazing Hong
Kong.
One
very important reason behind INTA 2014 to be held in Hong Kong is the IP rights evolution this world’s region
has had during the last decades. As we all now, China is probably the country
where Intellectual Property is
violated the most, mainly through counterfeiting off goods protected by
trademarks, patents and other IP titles.
Of
course, Hong Kong’s and Chinese official authorities took INTA 2014 as an
opportunity to present to the world all the progress that has been done, the
pros and cons of their current situation, and all the work that is ahead, in
order to regularize IP law and practice
in the Chinese commerce.
Important
steps have been taken to reduce the threshold of criminalization of
counterfeiting. While there still exist barriers to involvement of Chinese
police in the investigation of IP crimes,
recent interpretations and precedents of the Court have made it easier to bring
IP infringers to the law and make them take responsibility for their action.
Thus, we see that the enforcement of IP
rights in China is growing towards the better.
Online
infringement of IP rights in China was another discussion topic during the
meeting. We learned that while there are still no specific laws regulating Internet trademark rights and
consequences for their infringement, it is possible for IP owners to protect
themselves through the more ‘generic’ channels of civil litigation actions
filed in court or administrative complaints filed in the local Administration
of Industry and Commerce. Of course, it is mandatory to have your Intellectual
Property previously duly registered in the country.
AROC
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