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“Preparing For Battle: IP Considerations During Trade War”

Law360 Lori S. Meddings, Li Zhu

Below is an excerpt:

Early last week the United States government issued the final list of products coming into the U.S. from China on which the U.S. is going to impose significant tariffs. Many U.S. businesses will be affected, expanding the reach of the trade war on U.S. companies and their suppliers overseas. The impact of tariffs can create negative consequences for intellectual property rights holders due to the reaction that suppliers might have if demand drops, or margins are significantly cut. As Mao Zedong said, "Fight no battle unprepared." And to that end we consider the following intellectual property risks in the comments below: (1) counterfeiting, (2) infringement and unfair competition, and (3) gray market goods.