New Type of Anti-Unfair Competition Cases

Rampant trademark pre-emptive registration issue has been a big headache for US multinationals when entering Chinese market. Under the first-to-file principle of current Trademark Law ("TML"), local imitators not only copy name and mark of famous brands but also registered them before the application of international brand owners. By traditional approach, international brands have to go through an extremely long period to invalidate those legal obstacles before it legitimately register and use its mark in China which caused substantial amount of costs and time.


International brands may face infringement against its legitimate right in relation to its intangible assets but find no specific IP law provisions to protect. Such interests relate to a very broad scope of issues ranging from data infringement, franchising to trade name, and domain name, etc. How to leverage Anti-Unfair Competition Law ("AUCL") in protecting such legitimate interest would be critical to international corporations given fast development in technology and business environment.


With such background, this time, AmCham China Legal Committee is pleased to invite Charles Feng of Tahota law firm to elaborate his experience and understanding of the law as well as analyze the proposed revision of AUCL and TML., and these topics will be discussed during the event:

  • Strategy to Deter Uncontestable Pre-emptive Trademark Registrations by leveraging Civil Action under PRC Copyright Law and Unfair Competition Law
  • New Types of Unfair Competition
  • Emerging IP Rights for Data in China


This event is free to members, there will be Q&A session at the end. The member companies can share their challenges and our guest speaker will help to provide the suggestions, and we will prepare the delicate tea break for everyone who attend in - person.


Event Details:๏ปฟ

  • Event format: Hybrid
  • Venue: AmCham China Office
  • Time & Date: Nov 18, 3:00pm - 4:30pm
  • Contact: Ada Yang, ayang@amchamchina.org


Notes:

  • Registration is required and due to limited capacity, we cannot accept registrations at the door. Please purchase your tickets in advance. Registration will close at 5:00 PM, Nov 17.
  • Tickets are non-refundable within 48 hours before the start of event.
  • Please make sure to register with your company email address.

Speakers

  • Charles Feng (Senior Partner, Director of International Business Department at Tahota(Beijing)Law Firm)

    Charles Feng

    Senior Partner, Director of International Business Department at Tahota(Beijing)Law Firm

    Mr. Feng serves as the Senior Partner, Head of the International Business Division at Tahota (Beijing) Law Firm. Mr. Feng is a reputable IP and data law expert with substantial experience on intellectual property law, data protection law and anti-trust law with reputable international law firm and Chinese law firms, focusing on IP litigation and enforcement, trademark and patent portfolio management, as well as data protection and cyber security related legal practice. Mr. Feng has represented numerous foreign clients from US, EU and Japan at various levels of courts as well as administrative organs in China. Mr. Feng is particularly experienced in addressing clients' commercial needs in the areas of IP litigation, arbitration and prosecution, including patent, copyright, trademark, and domain names, unfair competition, trade secrets. He has also been involved in IP transactional work, including the drafting, negotiation and enforcement of IP assignment or licensing agreements. Besides, he also represented a number of multinationals in dealing with legal matters in relation to cyber security, personal information and data protection. As a highly regarded expert at home and abroad, Mr. Feng is currently serving as the Consultant Expert to Guiding Case Research Center of Supreme People’s Court of China, Vice Director of Copyright Society of China, Standing Committee Member of China Intellectual Property Law Association, an IP Expert for EU-China IPR Helpdesk as well as a member of American Bar Association, China Bar Association and INTA.

    Mr. Feng has B.A. and an LL.M. from China Foreign Affairs University and LL.M. from Duke University, United States. He is the first graduate student to receive a Diploma in Intellectual Property Law at Duke University School. Mr. Fung speaks Chinese, English and Japanese as his working languages.

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Tickets

AmCham China-Member
Standard Price Complimentary
AmCham China-Non-Member
Standard Price RMB 150
WELEGAL’ member
Standard Price Complimentary