A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Wednesday, November 18, 2009 ~ 1:00pm-2:30pm EST
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

This seminar will discuss registration and licensing of trademarks in China, enforcement of trademark rights, and best practices for protecting trademarks for businesses either entering the Chinese market or already doing business there.

Description

U.S. companies feel the impact of changing intellectual property regulation in China. Protection and enforcement of IP rights continues to pose significant problems for U.S. businesses working in and with China.

To protect brands and trademarks, companies doing business in or with goods in China must create and execute a strategy tailored specifically for China. Registration and licensing of trademarks are among the effective tools that companies must incorporate in their strategic plan.

What other steps can companies take to protect and enforce their trademark rights when planning to enter the Chinese market, conduct business in or with China, or simply protect their IP from counterfeiting or other infringement from Chinese sources?

Listen as our authoritative panel of IP attorneys with China experience examines trademark protection both prior to entering and while conducting business in China, trademark licensing issues, and lessons learned from trademark litigation.

Outline

• Trademarks in China
  • Protecting IP before entering China
  • Registration in China-how many classes?
  • Limitations of protection
  • Domain names
• Licensing
  • Necessary licensing agreement clauses
  • Recordal of license agreement
  • License your OEMs?
• Trademark litigation and lessons learned
  • Ferrero-Rocher and Starbucks
  • Pfizer cases
  • Silk Street Market cases
  • Chongging Zhentong Pharmaceuticals Ltd.
  • Zhejiang Blue Wild Liquor Co. v. Shanghai Pepsi Cola
  • Sony Ericsson
  • Danone v. Wahaha
• Enforcement of trademark rights
  • Administrative enforcement
  • Enforcement in the courts
  • Arbitration
  • Local protectionism and jurisdictional issues
• Best practices
  • Audit IP assets before entering Chinese market
  • Register marks in China in English and Chinese early on
  • Monitor the Chinese marks in China
  • Find the right partner in China
  • Establish good relationship with AIC and police
  • Procedures to address when counterfeit goods are discovered
  • Use mix of enforcement strategies
  • Develop reliable local resources

Benefits

The panel will review these and other key questions:

• What clauses are generally required for a trademark license agreement in China?
• What are the key IP enforcement, protection and registration issues in China for trademark owners?
• What are the advantages and disadvantages of using civil enforcement to enforce trademark rights?
• What steps can U.S. companies take to protect their brands against trademark infringement?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Paul D. Jones, Principal
Jones & Co., Toronto, Canada
He advises on national and multi-jurisdictional trademark and domain name applications and disputes, as well as copyright matters including software and entertainment matters, and patent disputes. His article on protection of Chinese character trademarks was chosen by the Republic of China IP Office’s Director General for teaching material.

Benjamin P. Fishburne III, Partner
Winston & Strawn, Hong Kong, China
He advises U.S. and non-U.S. clients on investment, acquisitions, technology transfer, business ethics, and major infrastructure projects in many countries, including China. He also represents clients in international dispute resolution and is a member of several panels of arbitrators.

Edward Xu, Registered Foreign Lawyer
Winston & Strawn, Hong Kong, China
His practice focuses on foreign direct investment, cross-border mergers and acquisitions, corporate restructuring, and tax. He has a thorough understanding of PRC legal and tax issues. He has extensive experience in advising international corporations in setting up business in the PRC.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.