What is worth copying is worth protecting: Brand protection through copyright

The problem of trademark piracy in China continues to plague brand owners. Most brand owners are aware of the need to register their core brands in China at the earliest possible opportunity.

However, few brand owners are aware that China’s system of copyright registration can be used to strengthen a brand owner’s protection of its logos or trade dress in China.

Where trademarks have not been registered or are not widely enough protected to be able to take action, copyright can often be used as the basis for defending rights and to attack infringements. Copyright is also not limited by the need to show that the goods or services to which the copy logo are applied are identical or similar. It can therefore be used by brand owners to obtain “cross class” protection for their brands.

Copyright is not restricted by classes in the way trademarks are and copyright is therefore a powerful tool which can be used to create wide definitive rights for a logo or trade dress.

However, registration with the China Copyright Protection Centre is key to being able to rely on copyright.

What DLA Piper can offer you

Our specialist team of lawyers can help you by:

• reviewing your brand portfolio against the logos used in your business to identify priority logos for copyright protection;
• advising you on the evidential requirements for copyright registration in China; and
• guiding you through the process of filing copyright registration applications.

For more information about how our PROTECT™ service can help you, please see our website at www.dlapiper.com/protect or contact your usual DLA Piper contact.