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Stop Copyists From Undercutting Your Innovation - Foley & Lardner ...

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The Administrative Track<br />

Highly efficient and economic<br />

– More akin to mediation than adjudication<br />

– No complicated legal procedure such as discovery<br />

or cross-examination<br />

Highly qualified<br />

– SIPO is a newly established agency with a large<br />

number of employees better trained than many<br />

judges<br />

Decisions reviewable by courts<br />

©2009 <strong>Foley</strong> & <strong>Lardner</strong> LLP<br />

The Administrative Track<br />

The administrative agencies can not award<br />

damages<br />

The administrative agencies may lack<br />

effective means to enforce the decisions they<br />

render<br />

– In comparison, disputes over trademarks are<br />

heard by the State Administration for Industry and<br />

Commerce (SAIC) and its local branches, which<br />

have broad power over business activities of local<br />

companies<br />

©2009 <strong>Foley</strong> & <strong>Lardner</strong> LLP<br />

35<br />

36<br />

18

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