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Opinion: State-of-the-Art Intellectual Property Laws Hamstrung by Uneven Enforcement

By Michael Clauss
In the case of German fashion company Hugo Boss, China’s trademark authorities have upheld the registration of BOSSsunwen, a remarkably similar clothing label created by a Chinese company. The decision overlooks evidence that the BOSSsunwen trademark is likely to be confused with the older, well-known, BOSS Hugo Boss trademark. Photo: IC
In the case of German fashion company Hugo Boss, China’s trademark authorities have upheld the registration of BOSSsunwen, a remarkably similar clothing label created by a Chinese company. The decision overlooks evidence that the BOSSsunwen trademark is likely to be confused with the older, well-known, BOSS Hugo Boss trademark. Photo: IC

When making purchasing decisions, no one wants, as the saying goes, to have fish eyes passed for pearls. At this point in China’s economic development Chinese consumers and manufacturers have come to value the quality and reliability of many foreign — and increasingly indigenous Chinese — products. However, what if, for example, the clothes you wear or the technology you use for infrastructure projects are not the pearls you thought you bought, but actually undesirable fish eyes?

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