Friday, March 20, 2009

Seven Steps to Protect Your Trademark in China ran an article written by Alison Ross, which discusses "How to Protect Your Brand in China."  I thought the author did a very good and thorough job in advising mark owners on how they should go about protecting their marks in a comprehensive and proative way in China.

Here are the seven steps that Alison suggests as listed below:
1. Register trade marks early
2. Territorial registration
3. Register trade marks in English and Chinese
4. Mitigate risks through vigilance
5. Educate employees
6. Consider the applicable jurisdiction in disputes
7. Utilise available enforcement procedures

Read the full article here.

MOFCOM's Rejection of the Coke-Huiyuan Merger Disappoints Legal Experts

China, by and through MOFCOM, rejected Coca-Cola's bid to acquire the Chinese juice maker Huiyuan.  As soon as the news came out, it caught international attention and has been widely reported.  Many views float out there about why and how come

The Caijing Magzine in China came out with its own analysis of the legal implication of this decision.  Titled Legal Implications of Coke-Huiyuan, this report reveals concerns raised by legal scholars in China's Anti-Monopoly Law.
Some anti-monopoly experts remain skeptical about the power of a law that has been regarded as a “paper tiger.” Specifically, experts are concerned about whether the case followed rigorous legal processes and standards that would have helped China further define its merger and acquisition regulations.
More here.