High-end Luxury Brand Ip And Patent Lawyers

High-end Luxury Brand Ip And Patent Lawyers

High-end Luxury Brand Ip And Patent Lawyers – 4 Essential Intellectual Property Guidelines for Luxury Brands It usually seems like a tradition in the Chinese market, but brands and sellers have been busy fighting for intellectual property.

Trademark squatting is one of the biggest and most common IP issues Western brands encounter when entering the Chinese market. Photo: Shutterstock

Isi Kandungan

High-end Luxury Brand Ip And Patent Lawyers

High-end Luxury Brand Ip And Patent Lawyers

November 1, 2019, was a milestone for the world of Chinese fashion. Not only was the China Fashion Industry Intellectual Property Conference held in Beijing, but the amendment of the fourth edition of the Trademark Law was coming into force. Rule makers, business insiders, e-commerce players, and legal practitioners gathered together for the first time in the Chinese fashion industry while also sharing their experiences, difficulties and ideas on ways to further protect intellectual property in the market . Moreover, the China Fashion Intellectual Property Protection Center was also launched to provide services to designers and brands.

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“Made in China” used to be synonymous with low-priced knockoffs, but with the rise in popularity of independent Chinese designers over the past few years, the country now takes pride in that label. As Western fashion houses continue to scramble to enter the Chinese market and win over affluent Chinese millennials and Gen Zers, young, ambitious Chinese designers have continued to present their work on major international fashion platforms while becoming legitimate competitors quickly on the international stage. Because of this, designers and traders have called for an orderly market environment that respects originality, forcing intellectual property issues to become a hot topic.

High-end Luxury Brand Ip And Patent Lawyers

On the day of the meeting, big labels and small independent designers shared their experiences of protecting their intellectual property, Alibaba and JD.com presented their advanced protection technologies, and

Interview an intellectual property lawyer specializing in fashion at the conference on topics such as the status quo of intellectual property protection in the Chinese market and the options brands have for protecting their products. From this discussion, we are happy to offer four key IP guidelines for luxury brands as well as specialist designer brands:

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High-end Luxury Brand Ip And Patent Lawyers

Trademark Infringement: Case Study

The ancient American sneaker brand New Balance entered the Chinese market early (the 1990s), but they neglected to register their trademark, leaving them unarmed against infringement cases. In 2013, New Balance was sued by a local Chinese businessman who registered the Chinese name translated from New Balance “新百伦” before New Balance and used it on his shoes. Although that local business likely plagiarized, New Balance lost their initial case because they do not own the Chinese trademark “新百伦.” After that, New Balance was involved in several other intellectual property disputes, all of which stemmed from their trademark registration issues.

Sindy Ding-Voorhees, an attorney at Kilpatrick Townsend & Stockton and co-director of China’s first Fashion and Art Law Institute in China, told

High-end Luxury Brand Ip And Patent Lawyers

That trademark squatting is one of the biggest and most common IP issues Western brands encounter when entering the Chinese market. In China, the first party to register a trademark will own the right to the mark. Therefore, well-known Western brands often find that their logo or name is already registered by local businesses even before they enter the Chinese market, putting those brands in a difficult position. The intellectual property of these brands was squatted, but they have limited leverage for winning it back.

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Western brands should remember that as long as they have a plan to enter the Chinese market, they must register their trademark as soon as possible, and not only the original house mark in English but also the translated Chinese trade, the pinyin trade mark, and their trade mark. logo design mark. This is a very important way to prevent trademark squatting and establish a consistent brand image and reputation in the Chinese market.

High-end Luxury Brand Ip And Patent Lawyers

The main source of cottage products in the Chinese market is from local factories of Western brands. During the production process, it is inevitable that the manufacturer will produce some defective products and additional reserve products. These products (called “尾单”) can easily flow into the market and become a template for replicas. In the early years, when fake products were all over e-commerce platforms, many online stores claimed that their products came from authorized factories of Western brands and were 100 percent authentic. Yet even though the product is manufactured by a local factory, it is a violation of that brand’s intellectual property to sell their product if it is not an authorized product agreed upon in a manufacturing contract.

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Ding-Voorhees says Western brands should perform due diligence before partnering with a local foundry, and she suggests developing a detailed contract that sets out specific order size clauses and ways to deal with overruns. Second, brands should consider an audit mechanism to strictly control the quality of products and distribution channels. And finally, they should consult an IP lawyer who understands the local market before entering into a binding agreement with a Chinese foundry.

High-end Luxury Brand Ip And Patent Lawyers

Dariusz Świerczyński Phd Eng.

Intellectual Property Department staff from Alibaba and JD.com attended the conference as representatives of their respective e-commerce platforms and presented their IP protection solutions and tools to the audience. Xihan Li, director of Intellectual Property Operations at Alibaba, said her company uses blockchain technology to preserve the original design and content of their products by verifying that each item is authentic.

For Alibaba brands, using the platform’s IP protection technology is an effective way to prevent their designs from being copied. All they need to do is upload their design and content to the blockchain system as evidence of originality, and the platform will automatically detect similar products to determine if they are copies. If a product is deemed fake, it will be removed from the platform. Also, brands can use the platform’s complaints system to confront fake traders.

High-end Luxury Brand Ip And Patent Lawyers

Although IP protection systems are maturing in China, one obstacle for small brands is the cost of protecting their original design. Compared to giant luxury houses, specialty brands and independent designer brands have less access to money or the power to win IP protection cases. Take designer Lv Yan and his brand COMME MOI, for example. She was involved in a legal dispute earlier this year where she accused a Shenzhen fashion group of copying her design, but the group denied it and countersued her for infringement.

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Lv Yan and his brand COMME MOI were involved in a legal dispute earlier this year. Photo: Courtesy of COMME MOI

High-end Luxury Brand Ip And Patent Lawyers

According to Lv Yan, designer brands are relatively small, without much voice, and are often in a vulnerable position when faced with crime. The long design patent application period (around eight months) and the high registration cost keep them from effectively protecting their design.

Given the situation, small brands need to try to create unique elements during the design process. These unique elements may be incorporated into the trademark, name, or artistic design and may be independent of the product itself. When seeking to protect a brand’s IP assets, small brands should focus on their core design element first and strategically expand protection as their legal budget grows. The same logic applies when saving designs in the Alibaba blockchain. Small brands need to stick to their ‘it’ element and register that timely and accurately.

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High-end Luxury Brand Ip And Patent Lawyers

Good Faith Goes A Long Way, Says Shopee Brand Protection Head

There may be a long road ahead, but the Chinese fashion industry is making a concerted effort to improve its growing market. Luxury brands and independent designer brands have good reasons to expect better intellectual property protection, but in the end, self-discipline may just be the most effective methods. In a world where trends and designs are constantly changing, designers and fashion houses must navigate. the complex web of copyrights, trademark rights, trade secrets, and trade dress to protect their intellectual property in fashion.

Therefore, these case studies will highlight the challenges and triumphs experienced by famous fashion brands and individuals in their quest to claim ownership over their unique designs. From iconic logos and signature patterns to innovative garment designs, this exploration of intellectual property in the fashion industry promises to unravel the intricate tapestry of legal and creative considerations that shape one of the most dynamic and expressive areas of art and commerce.

High-end Luxury Brand Ip And Patent Lawyers

As you research intellectual property rights in fashion, ensure that your rights are fully protected with a comprehensive fashion licensing agreement. Explore our detailed guide here to reinforce your legal status and optimize your brand’s growth and visibility.

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Fashion designers have used Intellectual Property in many forms to protect their designs, making Intellectual Property rights crucial in the fashion industry for their economic advantage. Some of the Intellectual Property rights used in the fashion industry are; –

High-end Luxury Brand Ip And Patent Lawyers

Trademark:  A trademark is a sign or symbol that can distinguish the goods or services of one enterprise from another. Most fashion designers use their names as their brand names, such as Calvin Klein and Donna Karan, where their name becomes their brand and gives them an exclusive right to use it as a protected trademark. Similarly, Nike’s tick mark and Puma’s jaguar are both luxury brands protected as trademarks. Protecting luxury brands through trademark registration differentiates the brand and puts off potential imitators, creating a huge impact on the fashion industry.

Trade dress: As discussed, comes trademark protection

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