Mr. Austin Chang, counsel of Beijing East IP Law Firm, was invited to the Graduate Institute of Intellectual Property at the National Taipei University of Technology to present latest China trademark law updates and practices on February 23, 2023. Austin began by sharing the amended provisions for cracking down on bad faith filings and strengthening trademark protections in the latest amended China Trademark Law (Draft for Comments) (“Draft”). Bad faith filings have been the perennial issue for most brand owners. Austin pointed out the amended articles in the Draft that specifically target on improving brand protections for brand owners. Austin went on to present the amended articles in the Draft on strengthened well-known mark protection, improved damages calculation that align with legal practice, and public interest based trademark infringement lawsuits.

Followed by the trademark law updates were case studies on issues related to bad faith registrations in the realm on trademark litigations and strategies against malicious lawsuits filed by squatters against brand owners. Despite brand owners’ countless efforts in protecting its rights, squatters have also evolved in their deceptive schemes to ripe off of brand owners’ existing fame. Brand owners would often encounter malicious lawsuits filed by squatters and are forced to work around the legal issues presented in these lawsuit. Austin shared practical advice and strategies for brand owners to respond to malicious lawsuits.

At the end of the presentation, Professor Kuang-Cheng Chen, the Director of the Graduate Institute of Intellectual Property at the National Taipei University of Technology, asked several questions regarding bad faith filings and registrations in China. Professor Chen and his students found that trademark practices in China are somewhat different from Taiwan because of China’s enormous market opportunities and population. They found the presentation to be insightful for those who have business in China and hope to listen to more China trademark related topics. Professor Chen also gifted Austin his own book of Systematic Research on Trademark Act: Formation, Bona Fide Use, and Infringement of Trademark.