Intellectual Property Rights in China. Chinese Commercial Legal System: The Trademark Law - Essay Example

Download file to see previous pages With this concern, it can be identified that the continuous development of the country’s legal system plays a vital role towards encouraging foreign marketers to expand their business operations across the country maintaining transparency and facilitating national trading by a large extent. However, when deciding upon their investments in the Chinese market, foreign companies often have to face significant challenges in relation to the policy measures enacted by the Chinese government concerning the protection of Intellectual Property Rights within the national market for both the domestic and international players. Based on this context, the discussion henceforth will focus on recognizing and understanding the commercial guidelines of China, particularly those related with foreign Intellectual Property Rights (IPRs), in terms of offering business opportunities to the foreign marketers to practice their business operations transparently within the economy. The evaluation of the foreign IP policies in China will be illustrated by taking into account two recent cases of trademark infringements, i.e. A&A Wuxi Import & Export Corp. v Crocodile Garments Limited (A&A v. Crocodile) Apple Inc. v. Proview Technology....
Brief Overview of the Cases a. A&A Wuxi Import & Export Corp. (A&A) v Crocodile Garments Limited (2011) This case complies with the Original Equipment Manufacturers (OEMs) sector of China. In its recent trade related operations, China can be observed to de-motivate foreign companies to enter its national market directly on the basis of the assumption that it might disrupt the growth prospects of national companies and thereby restrict self-reliance of the economy at large. However, to continue Foreign Direct Investments (FDIs), the economy has applied various norms including the development of OEMs wherein the national manufacturers operate in strategic alliances with foreign companies on the basis of contracts (Hogan Lovells, n.d.). However, such contracts have often been observed to cause infringements of trademark policies enacted in relation to the foreign trade policies of China. With respect to the case of A&A v. Crocodile, it has been observed that A&A, a mainland China based manufacturing organization was accused for producing 3,500 pairs of jeans trademarked with the Hong Kong Crocodile logo. According to the case scenario, A&A had received an order of producing women’s jeans and branded those products in alliance with the Crocodile International Pte. Ltd. of Singapore through contractual agreement. The products of the organization were produced to export in the foreign market, especially in South Korea. However, the products had been confiscated by the Shanghai Custom officers during the year 2010 with the accusation of trademark infringement of Hong Kong Crocodile Garments Co. Ltd. Correspondingly, A&A prosecuted to the court in January 2010 and appealed ...Download file to see next pagesRead More