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China IP -- Effective Counterfeit Protection

Posted by Dan Harris on February 12, 2006 at 11:30 PM

Shanghai Daily reports Nike has sued a Chinese soccer player in Shanghai People's Court for selling counterfeit Nike shoes.  The article notes that the Huangpu District People's Court already sentenced this person to nine months in prison for selling counterfeit shoes in violation of Nike's trademark. 

Three things of note here.  First, China does not always ignore counterfeiting, as the Western press oftentimes makes it seem.  Second, Nike was able to secure a criminal conviction and sue this person only because it had registered its trademark in China.  Third, counterfeiting in China is a criminal offense.  These three things combine to dictate that companies going in to China must make sure both to register their own trademarks and not to violate any one else's. 

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» Chinese Counterfeiting -- A Different Perspective from China Law Blog
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