Copyright Protection Or Trademark Protection? Practical Tips For Rights Holders

Copyright protection is becoming a hot button issue across a wide variety of jurisdictions. In recent examination practice in mainland China, the number of cases relating to copyright has been growing vigorously. This article provides practical tips on how to seek protection and what steps to take in disputes between trademarks and copyrights.

Background

According to the China Trademark Law and Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Laws to Trail of Copyright-involved Civil Dispute Cases, prior copyright is one of the strongest arguments that a rights holder can put forward in a trademark dispute. Recent examinations show that the courts and the China National IP Administration (CNIPA) are inclined to take prior copyright into account in determining how to protect a mark or verify an infringement.