注册商标被他人用作企业字号的救济途径

Author:YUAN Man, HAO Chang
Date:Mar 30, 2021

商标和字号是消费者区分商品与服务来源的重要标识,对企业来说是一种重要的无形资产但由于商标与字号分属于两个不同的行政部门管辖,且依据不同的法律而产生,所以在二者登记信息相互隔绝的情况下,实践中会出现同一字号与商标由不同主体持有的情况。特别是有人出于恶意,将他人的商标登记为企业字号,以达到傍名牌、搭便车的不正当目的。此时,商标权人可以根据《商标法》和《反不正当竞争法》的规定寻求司法、行政救济。本文将从侵权形式和救济途径两个方面进行简要介绍。

Tips on Taking Full Advantage of a Lawyer’s Letter in the Context of Covid-19

Author:ZHONG Yuan, ZHANG Zheng
Date:May 22, 2020

Under the continuous impact of the Covid-19 pandemic, contract and litigation risks are increasing significantly for enterprises. Compared with previous years, it comes to our notice that incidents such as arrears, delays in delivery etc. are becoming more and more frequent. Apart from a court trial or an arbitral proceeding, a lawyer’s letter can also serve as a potential remedy for the affected enterprises

China’s Export Control Law: Major Proposed Updates of Export Control Rules

Author:LIAO Yuhui
Date:April 30, 2020

The export of many materials, components, and equipment that can be used for military or nuclear purposes or in connection with weapons of mass destruction is subject to strict export controls under international conventions or treaties. Indeed, some of them may also be used for civil industries (“dual-use goods”) and, therefore, their export is restricted or even prohibited. The Chinese legislator published the second and updated draft of an Export Control Law on December 28, 2019, over which further readings, until a resolution, are expected within this year of 2020.