This marked the USPTO’s first in-person China-focused program in nearly a decade, with strong participation from both government and industry. The event drew approximately 60 in-person attendees and 129 virtual participants, reflecting the continued importance of China-related IP strategy for U.S. businesses.
Amy served as a featured speaker on “Securing Intellectual Property Rights and Enforcement Options in China,” where she delivered a practical, strategy-focused presentation grounded in real enforcement experience.
Her presentation highlighted several key themes critical to U.S. companies:
Structural Differences in China’s Trademark System
Amy explained how China’s first-to-file system, subclass structure, and limited recognition of common law rights create significant risk for foreign brands. She emphasized the need for early, broad, and defensive filing strategies to avoid losing rights—even for globally well-known brands.
The Scale and Reality of China IP Enforcement
She noted that China handles 20–25 times more IP cases than the United States, making it the most active IP litigation environment globally. This scale creates both challenges and opportunities for rights holders.
Copyright as a “Super Trademark” Enforcement Tool
Amy discussed how copyright can serve as a powerful complementary right in China, offering easier proof of infringement, automatic protection, and highly effective customs enforcement, often outperforming traditional trademark claims in practice.
Shifting Landscape on Bad Faith Filings
She outlined recent developments showing that China is increasing penalties and strengthening enforcement against bad faith actors, including significantly higher fines and expanded civil damages.
Litigation as a Strategic Tool—Not a Last Resort
Drawing on recent case examples, and Estée Lauder enforcement actions, Amy demonstrated that Chinese courts are increasingly willing to impose meaningful damages, punitive awards, and even personal liability for bad faith infringement.
Amy’s presentation focused on a central takeaway:
China is no longer just a defensive IP jurisdiction—when approached strategically, it can be an effective forum for enforcement and recovery.
The Road Show underscored that U.S. companies of all sizes continue to operate in and with China, making informed, proactive IP strategy more important than ever.
“Eligon is honored to contribute to these discussions and to support clients in building practical, business-focused IP strategies across China and Asia,” said Amy. “I gained valuable insights from the broader panel discussions, reconnected with longstanding colleagues, and built new relationships—experiences that reinforce the importance of continued collaboration in this space. We look forward to participating in future China IP Road Shows.”
