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China Vows to Clamp Down on Trademark Trolls

By - Source: Reuters | B 11 comments

Proposed changes to the law would affect firms such as Proview, which sued Apple for the use of the iPad name.

China has stressed its plan to change laws in order to combat "malicious" trademark registrations, which have allowed companies to misuse names and brands.

The proposed changes were announced after international companies and well-known individuals complained to the region's authorities. The country's legislature will discuss the amendment this week.

One of the more famous cases pertaining to the matter is China-based Proview suing Apple for the use of the name "iPad". It's a dispute, however, that ultimately led to Apple settling for $60 million.

Other cases include Michael Jordan, who sued a Chinese sportswear company for making use of his name, as well as French luxury brand Hermes International who has also submitted trademark complaints.

Should the amendment proposed by China come into fruition, it would offer more power to trademark holders by allowing them to ban the unauthorized use of their logos and name or ones that bear a similar resemblance.

 

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  • 4 Hide
    wlachan , December 27, 2012 9:54 AM
    Not happening I am afraid. There are many fine written laws in China but they aren't being implemented because the government is badly corrupted from top to bottom at all levels.
  • 0 Hide
    virtualban , December 27, 2012 11:25 AM
    I would rather see China stop producing counterfeits, or items with similar name/shape/features of the established brands and poor quality.
    Identical counterfeits being the worst, but probably they are also the very illegal ones.
    I still would like to not see Samsing or Aplle products in similar shape and features to Samsung and Apple products.
  • 3 Hide
    Reynod , December 27, 2012 11:49 AM
    China is the official home of spam, patent AND trademark violation AND corruption.

    Like any of that is going to change anytime soon.

    China is a dictatorship (hiding behind a fascade of communism) ... with some 2384 (split into the 3 {PSC, Politburo, and Central Comittee}) power elites (40,000 including their families) squabbling over the cream ... and 1.3 billion dumb smucks living in conditions ranging from abject squalor (peasant farmers in the millions) ... to a 100,000 in what they would consider middle class.

    China won't change anytime soon because the power elites (and their super wealthy families who benefit from corrupt business dealings outside the country) are too busy maintaining the status quo, which is in their own best interests.

    Communism is a dead ideal that fails because of individual self interest.

    Vanilla is only good the first time you try it.

    We worked that out as kids ...
  • Display all 11 comments.
  • 0 Hide
    Reynod , December 27, 2012 11:52 AM
    They also can't make a jet engine that lasts for more than 28 hrs before it flies to pieces, so unless the Russians are stupid enough to sell them more, they won't be invading anyone anytime soon.

    Putin ... you reading this ?
  • -4 Hide
    sonofliberty08 , December 27, 2012 12:17 PM
    ReynodThey also can't make a jet engine that lasts for more than 28 hrs before it flies to pieces, so unless the Russians are stupid enough to sell them more, they won't be invading anyone anytime soon.Putin ... you reading this ?

    they don't have the chance to invading anyone...... they don't have the military power like the U.S
  • 2 Hide
    madooo12 , December 27, 2012 2:08 PM
    ReynodThey also can't make a jet engine that lasts for more than 28 hrs before it flies to pieces, so unless the Russians are stupid enough to sell them more, they won't be invading anyone anytime soon.Putin ... you reading this ?

    you don't want him to hear you, in some countries, insulting the ruler can get you killed
  • 1 Hide
    robochump , December 27, 2012 5:03 PM
    Appears allot of business ethics and IP talks are going on behind the scenes for all the changes the Chinese Gov't have done and are doing. If China wants to continue doing business with USA and other these types of changes are mandatory! Good for China!
  • -1 Hide
    nuvon , December 27, 2012 6:10 PM
    China will change, slowly, cause he has to if he wants to play with other bigger players. But, I really hope they are NOT following US legal system. You know what I mean; suing each other for quick money. The US lawyers are the greediest in the world so far....
  • 0 Hide
    IndignantSkeptic , December 28, 2012 1:31 AM
    Why doesn't the world do something about trademark trolls who take website names belonging to already trademarked companies? And why hasn't the trademark law been updated yet to prevent this problem? I swear lawmakers are way too slow sometimes.
  • 1 Hide
    jonjonjon , December 28, 2012 1:55 AM
    the reason china has grown to what it is today is because they steal other companies ideas and tech and then use their labor camps to manufacture it dirt cheap. whenever you look at any chinese company its usually just a rip off of some other established company. and of course the chinese government is alright with it. this is a bs PR move.
  • 0 Hide
    IndignantSkeptic , December 28, 2012 3:18 AM
    It seems that so much stuff is counterfeit and pirated in China so that everything is so cheap to buy there. I wonder if this means that workers there then have such low expenses which enables them to accept such low wages which means they are able to undercut all other labour around the world essentially stealing their jobs. I suppose if that's the case then the Chinese government would probably be ok with it because that would help the Chinese economy at the expense of everybody else's. There's a saying that goes something like "crime doesn't pay" it is actually not strictly true because crime does pay you very well until somebody decides to punish you for it. It seems that that last step just doesn't happen in China though. I wonder how the Chinese and USA economies would be if China respected intellectual property.