Time for accession access in what has become a active alternation of posts about wine in China. Thus far, the alternation includes:
I’ve accounting ahead about the aggressive counterfeiting of adopted wine in China, abnormally with acclaimed brands like Château Lafite, Château Latour, and Screaming Eagle. Because counterfeiting abandoned comes to ablaze aback it is apparent by authorities (or cast owners), the abstracts is coarse on the absolute bulk of affected wine on the bazaar – it’s either anecdotal or extrapolated, which leads to broadly aberrant conclusions. Maureen Downey, generally cited as the arch able on wine fraud, said aback in 2014 that the majority of counterfeits were bound to a few vintages of a few labels, and that the top 16 affected wines were all European. Meanwhile, accession wine artifice investigator declared aftermost year that 20% of all wine in the apple is counterfeit, which would beggarly about 6 billion bottles of affected wine are awash anniversary year – a lot added than a few vintages of a few labels.
For abounding wineries, the architecture of the characterization — that is, in accession to the name of the winery – is additionally an adumbration of the antecedent of goods. A canteen of Château Lafite doesn’t aloof buck the name “Lafite”; it additionally has a account of the château. The accessible way to assure the wine characterization from contravention is via a brand allotment for the characterization architecture (or at atomic the clear elements accepted to anniversary label). But about every wine characterization would additionally be advised a artistic assignment in anchored form, and accordingly acceptable for absorb protection.
As we wrote in China Absorb Law: We Need to Talk:
Copyright is an capital allotment of any absolute IP aegis plan in China, but abounding companies abort to booty an acutely important step: registering their copyrights in China. One of the best accepted misconceptions our China IP attorneys apprehend is that absorb allotment in China is optional, because you do not accept to book annihilation to accept a accurate absorb in China.
The moral of that column is aloof as accurate for wineries as for any added aggregation – the best way to accomplish your absorb in China is to annals it. Counterfeiters are artistic in their own way, and I’ve apparent some fakes that amalgamate one winery’s characterization architecture with a new (often fake) winery name. A brand allotment for your characterization may be acceptable to stop such a fake, but why not accord yourself added ammunition?
As with any business decision, wineries should conduct a cost-benefit assay afore registering a absorb in China. If you are a baby winery and/or don’t advertise wine in China and never apprehend to, I wouldn’t bother registering any IP in China, let abandoned a copyright. But if you’re big abundant to consign wine to China, you’re big abundant to assure your IP. And that agency trademarks for your name and your label, and additionally a absorb for the label.
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