Intellectual Property

Treasury Wine Estates owns in Australia and in many other countries various trade marks to its popular wines and in particular to the trade name "Penfolds". Unfortunately it has not registered these trade marks and names in China.

A Chinese investor, Daniel Li, has already registered a trademark for the "Penfolds" name in China.

(a)In any dispute in China between Treasury Wine Estates and Daniel Li about the use of the trade name "Penfolds" who do you think will win and why?

(b)Advise Treasury Wine Estates what they should have done in China to ensure their rights to the trade name "Penfolds" in that country?