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 <[log in to unmask]>: > > 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