special trademark issues in new gtlds

[Jorge Amodio]

Dear Leslie,

thank you so much for your prompt response and for sharing your knowledge and
expertise about this subject.

Actually I don't have any good ideas, and to be frank I'm almost 100% ignorant
about what was and has been going on in China besides the popular perception
and news reports about the infringement of copyrights, etc.

I believe it is the first time I have to opportunity to know somebody
that is directly
involved and ask to be less ignorant, so I really appreciate your time answering
my questions and apologies in advance to the list for going a little bit OT.

On a personal note, one of my professional activities is related to embedded
TCP/IP hardware and firmware development and I had a case where one of the
products I developed was counterfeited in China and sold at eBay for a fraction
of the price. eBay did a great job to remove all the listings for such
product after
I provided enough evidence that I have the rights for the original design.

I tried to contact the people that copied my design to talk about a licensing
agreement but never got a response.

In the electronics industry intellectual property infringement from
China is a big
issue since it's not that just somebody counterfeited a Louis Vuitton bag, it's
common to find counterfeited electronic components that have the same
markings and appearance as the originals but have much lower quality that
may end on health care equipment for example.

On the other hand it's not beneficial for China, because some small companies
like mine are afraid to work with Chinese manufacturing companies for the
potential unlawful use of IP and the costly and sometimes useless effort
to protect it.

Again, I just wanted to know what's is being done in China to deal with this
problem and if you wish to comment more about this I'm all ears, ohh
I mean eyes :-), and no need for it to be on the list unless somebody else
is interested in the conversation.

Best Regards
Jorge

2009/10/23 asmartlawyer <asmartlawyer at 126.com>:
>
> Dear Jorge,
>
> I am happy to communicate trademark theory with you, expecially I am told
> that you are interested in Chinese trademark law.
> As it is known to you, Chinese trademark law was passed in 1982 and it has
> been revised twice.Right now, its third revised draft is under discussion.
> It is known that the infringement of trademark will be regulated by the
> theory of property rights and the draft will absorb some specificity context
> of theory of trademark infringement.
>
> In my personal opinion, trademark right can be deemed a kind of property
> rights, and even domain name right can be also regarded as a kind of
> property rights.
> I believe that the goal of this revision is to improve and perfect the
> Chinese intellectual property legal system. Expecially,it will strengthen
> protection of trademark rights.
>
> It is very pleasant for me to have further communication with you if you
> have some brilliant ideas about theories of this nature.  Thank you.
>
> Best,
> Leslie (Guan Yuanyuan)
> China