S e p t e m b e r 2 0 1 0 • V o l 25 • N o 8 • HK D30
In This Issue
The Cost of Doing Business in China
Intellectual Property Rights PAGE
7
Trust Planning
PAGE
8
Captains of Industry
By Deanna Wong, Hogan Lovells
12
PAGE COOL Captains
For many companies planning to move operations or develop business in China, or those which are already there, protection and enforcement of intellectual property rights (“IPR”) have always been a major concern - sometimes bigger than you can imagine!
In
16
PAGE Tsavorite
The problems with IPR protection in China, in
simply counterfeiting or pirating. Amongst
G2000 v. 2000 Original brand owner sued for infringing hijack marks
the many problems, one of them is the
Trademarks should be registered as early as
hijackng of the IP rights of others. There are
possible with a broad coverage. No one is
particular in relation to overseas IPR holders, are deeply rooted and have gone beyond
numerous reported cases of entities hijacking
immune. One of the cases most familiar to
others’ IPRs as their own and then suing the
Hong Kong may be the G2000 case which
original IP owners for damages, raiding their
was decided in 2007. We mention this
goods/premises and causing havoc to their
here as it is a well recognised local brand.
the 2010 annual ‘Special 301’
operations. As local companies become
G2000 is a Hong Kong brand founded in
Report issued by the United States
more sophisticated in their R&D development
1985. It achieved remarkable sales and
Tr a d e R e p re s e n t a t i v e s ( U S T R ) , w h i c h
and become aware of the legal system, IPR
market recognition in China. The brand
reviews IPR protection and enforcement
disputes have also been increasingly used as
holder registered the G2000 trademark
w o r l d w i d e , C h i n a re m a i n s t o p o n t h e
important leverage by Chinese companies who
in China covering clothes, headgear and
“Priority Watch List” for markets considered
compete with major global brands.
f o o t w e a r. I t d i d n o t g e t p ro t e c t i o n f o r other types of clothing accessories, such
as not providing an adequate level of IPR
Plus • Environment • News • Events
protection, followed by Russia, Algeria,
Here are some of the cases to showcase
as socks, neckties, scarves and belts,
Argentina, Canada, etc.
some of the issues at play.
which are regarded as different to clothes, (Continued on page 2)
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