Our experienced trade mark attorneys monitor all newly filed and newly published trademarks to filter the marks that may be confusingly similar to our client's.
To ensure that no conflicting marks are missed we compare all aspects of a mark such as prefixes, suffixes, meanings, translations and anagrams.
Our timely watch reports are sent to IP’s owners so that they can take prompt action to protect their IPs from infringement.
To settle a IP right dispute, parties related could chose resolving Within or Outside of Court. However, to reduce the cost and time of IP battles, arbitration and mediation should be considered as options to settle a dispute when it arises.
The 2005 Intellectual Property Law, revised in 2009, does not have separate provisions on the mechanism for IP rights dispute resolution.
Article 198 of this Law provides that, when there is a ground to believe that the protected IP is being infringed upon by a certain legal or natural person, the IP rights holder may initiate a lawsuit at a court to protect rights and interests.
When initiating a civil lawsuit, the IP rights holder has the right to request a court to apply the following civil remedies in handling the person(s) that has/have committed acts of infringing upon IP rights:
- compelling the termination of infringing acts;
- compelling public apology and rectification;
- compelling performance of civil obligations;
- compelling payment of damages; and
- compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used largely for the production or trading of IP rights-infringing goods, provided that such destruction, distribution or use does not affect the exercise of rights by IP rights holders (Article 202).
In addition, when initiating a lawsuit or during court’s acceptance of a dispute for resolution, an IP rights holder has the right to request the court to apply provisional urgent measures in some cases.
Trade mark and Design Licenses