Re:Marks on Copyright and Trademark

By Ed Chatterton

Unlike many countries, it is not possible to register trademarks for retail services in China. This position has recently changed with the implementation on January 1, 2013 of the revised Chinese Trademark Office (CTMO) trademark classification which now recognizes retail and wholesale services, albeit in a limited way. The CTMO’s revised classification now recognizes seven new items of services in Class 3509 covering "retail and wholesale services for pharmaceutical, veterinary and hygienic preparations and goods for pharmaceutical purposes.” These new service specifications will protect the sale of pharmaceutical, veterinary, and hygienic preparations across all points of sale, including traditional "brick and mortar" stores as well as online retailers.

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By Kathryn Purcell-Hennessy

First four runners in the 2012 Melbourne Cup. Credit: Ian Currie

Horse racing in Australia is big business. The Melbourne Cup (the "race that stops the nation") is one of the richest horse-racing events in the world, and up to AUD$781.7 million is expected to have been spent by the public on the big day this year. Recent amendments to the Australian Rules of Racing (Rules), however, restrict the ability of horse owners to exploit the intellectual property associated with their horses. The Australian Racing Board (ARB) ratified the proposed amendments, inserting a new Article 18A into the Rules which came into effect from 1 October 2012.

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By James Stewart

In an exciting development for the international trademark field, the Thai Parliament has issued its approval to move forward with Thailand’s proposed admission to the Madrid Protocol. The Thai Parliament must now amend its trademark laws to conform with the Madrid Protocol. Thailand’s Trademark Office has drafted these amendments which are currently under review. Upon completion of the review period, these revisions must be approved by the legislature. This revision and approval process will take approximately six months.

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By Philip F. Zeidman and Tao Xu

Introduction

It is not difficult to understand why China is viewed by businesses around the world as an indispensable market. Its size alone is staggering (1.3 billion people). Its purchasing power is equally impressive (on a purchasing power parity basis, it is already the second largest economy in the world).

What attracts most prospective sellers of goods and services, of course, is China’s astonishing growth rate.  Even during the recession which has plagued the rest of the world China has continued its remarkable trajectory, with retail spending increasing steadily by 15 percent and more.

For franchisors, there are some aspects of China which make it especially attractive. The size of the middle class, while smaller as a percentage of the population than in some other countries, is a powerful magnet; within a generation it will be roughly 4 times the size of America’s, for example.

Another measurement by which China is almost uniquely attractive is its number of large cities. Since franchisors (or their multi-unit developers or master franchisees) seek out concentrations of population, so as to make it possible to reach their target markets in an economic and logistically feasible fashion, the number of cities in China with more than 1 million population is eye-popping: 94, compared to 9 in the United States.

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By John Wilks and Damian Herrington, DLA Piper UK

The Internet Corporation for Assigned Names and Numbers (ICANN) has just announced that the target "Reveal Day" for its new generic Top Level Domain ("gTLD") program - the day when the list of gTLDs that have been applied for is announced - will be 13 June 2012. This date will be eagerly awaited by brandowners, both those who have applied to register their brands as gTLDs (and will want to see whether anyone has applied for similar domains which may be in competition with their application), and those who may wish to object to a gTLD application which is confusingly similar to their brand.

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Beijing Friendship Hotel, along with Beijing's Renmin University of China, hosted the United States-China Intellectual Property Adjudication Conference. Ann Ford (Washington, DC), along with other DLA Piper partners including Yan Zhao (Shanghai), Ed Chatterton (Hong Kong), and Beni Surpin (San Diego) attended the Conference. DLA Piper Partner and IPT leader John Allcock moderated a key session on "Enforcement of Patent Judgments."

A recent decision of the Wenzhou Intermediate People's Court in China should put Western brand owners on their guard when being sued in China.  It also provides yet another reminder of the importance to Western brand owners of filing first in China.

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