As China becomes more of a stakeholder in the IP system, and no longer sees itself as a passive player, how will its perspective on the relationship between intellectual property and antitrust change?
The recently announced fifth draft of SAIC’s “Guidelines on Antimonopoly Law Enforcement in the Field of Intellectual Property Rights” gives some additional perspective on this. After an initial read, my response is cautiously positive.
The July 9 issue of the SIPO Newspaper/ Trademark Weekly (http://www.tmweek.com/yw_list_danye.asp?newsid=1624) reports that Nike and Kobe Bryant are involved in the latest skirmish with an alleged trademark squatter. A natural person in Fujian person has applied for a mark in class 18 for “科比 KB-KOBE” and obtained a registration against the opposition of Nike. Nike asserted before the Trademark Review and Adjudication Board that the mark infringed Kobe Bryant’s personality rights (rights to the name), and was in bad faith, and has since appealed the matter to the Beijing Number 1 Intermediate Court. Continue reading →