Para manter as direitas exclusivas ao IP, uma organização deve ter os mecanismos no lugar para garantir a proteção continuada.

Primeiramente de tudo, alguém deve assegurar-se de que as direitas registadas do IP mantenham sua validez. As marcas registradas são registadas por 10 anos de cada vez, assim os registos devem ser prolongados antes do ending de tal período da validez. A falha fazer assim resultará na perda de todas as direitas exclusivas à marca registrada…

Leia o descanso da “proteção contra Enforcement: Onde começar sua estratégia de China IPR?” ou afixe um comentário >>

O pervasiveness continuado de falsificar em China é não somente um problema da lei, mas também um do enforcement. Quando as leis e os regulamentos de China se conformarem ao acordo em aspectos negocí-relacionados de direitas de propriedade intelectual (DESENGATES) e de outros princípios internacionais extensamente aceitados, determinadas partes do mecanismo da proteção de China provaram ineficaz. Common examples are the high standards for criminal liability of counterfeiters, the high burden of evidence to prove bad faith registrations, and the difficulty to prove damages in civil proceedings…

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By Han Dongfang 

Collective labour contracts have been developed and promoted by the Chinese government and the All-China Federation of Trade Unions (ACFTU) since the mid-1990s. Thus far, however, because of the lack of genuine worker participation in the contract negotiations, they have brought only limited benefit to China’s workers.

CLB believes free collective bargaining should be introduced into the collective contracts negotiating process as a means of not only protecting workers’ rights and interests but of also improving labour-management relations. Given the widespread abuse of workers’ rights and the often severe tensions that exist between labour and management in China today, there is now an increasingly urgent need to promote greater worker involvement in this process. Read the rest of “Breaking the Impasse: Promoting Worker Involvement in the Collective Bargaining and Contracts Process” or post a comment

A drawback of my, in itself interesting profession, is that I encounter a lot of lying in my daily work. Contrary to popular believe it is not so much the lawyers that do the lying. Although I have to admit lawyers are generally not easily persuaded to part with information, let alone the truth, I prefer to think of what we do as skilful editing of the information to fit a certain version of the truth. No harm in that. That is what lawyers are paid to do.

But in order to edit the information, you will have to obtain the information first. And that is not as easy as it may sound. First there is the filter of the client’s…

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“Private label products or services are typically those manufactured or provided by one company for offer under another company’s brand.” –Wikipedia. This is the name of the game for China and for the most part, the products you buy here in the United States are not really manufactured by the name on the label. In some instances most of the big box or clothing stores you frequent have an inventory almost entirely made up of their own products under their own brand or multiple unaffiliated brands. This is not just a game for the big boys, this can be accomplished with…

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