On November 24th, 2024, under the auspices of the China Trademark Association, Wanhuida Intellectual Property and its strategic partner Beijing JUSTRA Intellectual Property Center (JUSTRA) jointly organizes two forums at the CTF.
Themed “New Perspectives on Regulating Malicious Trademark Registrations in Trademark Granting and Confirmation” and “New Judicial Regulatory Approaches to Counter Malicious Trademark Registrations and Trademark Right Abuses” respectively, the two forums offer a platform of discussion over the remedial approaches available to genuine brand owners in countering bad faith trademark filings and registrations and in fighting against abuse of preemptively acquired trademark rights before the CNIPA and the Chinese judiciary.
Both forums are moderated by Dr. Wang Ze, JUSTRA Vice President.
Dr. Wang Ze
The events feature speakers from the China National Intellectual Property Administration (CNIPA), Head of the Trademark Examination Cooperation Center of Guangzhou, Professor of Zhejiang University Guanghua Law School, Vice President of the Xi'an Intermediate Court, Standing Member of the Adjudication Committee of the Jiangsu High Court, Chief Judge of the Intellectual Property Division of the Hubei High Court, among others.
Dr. Huang Hui, Partner and Management Committee member of Wanhuida Intellectual Property speaks on “How to Prevent Unused Registered Trademarks from Hindering Others’ Registration and Use”.
Dr. Huang Hui
Dr. Huang prepares the floor on the legislative background and the evolving landscape on China’s trademark use requirements. He then uses case law to dissect the persistent problems in the dovetailing of the existing trademark invalidation proceeding, the trademark civil infringement and administrative proceeding. Dr. Huang also shares the best practice of the European Union in not affording protection over unused registered trademarks, which could serve as a point of reference in solving the Chinese conundrum. He then delves into an analysis over how brand owners could leverage trademark use to serve the bifurcated purpose of fighting others’ illicit use and of maintaining legitimate trademark registration. Dr. Huang concludes the presentation with the discussion over the boundary and legitimacy of defensive trademarks by parsing the decision rendered by the Supreme Court of the United Kingdom over the Sky case.
Both forums are well attended.