Grace Guo
Grace Guo works in Hogan Lovells Intellectual Property, Media and Technology (IPMT) Practice Group who concentrates her practice on advising clients on various contentious and non-contentious matters covering trademark, copyright, domain name, design patent, trade secrets and unfair competition issues.
She has been working in the IP field for about 15 years focusing on cross-border IP matters.
On the contentious side, Grace has represented clients in PRC courts for administrative litigation for trademark prosecution and civil litigation for trademark infringement, design patent infringement and unfair competition cases. She also has a proven track record in designing comprehensive enforcement strategies against infringers including internet enforcement/takedowns, customs protection, trade fair protection, administrative raid actions, etc.
On the non-contentious side, Grace provides trademark portfolio management advice, drafts and negotiates IP terms for commercial transactions, conducts IP due diligence searches for corporate projects. She also advises on IP related regulatory issues regarding advertising, influencer endorsement, e-commerce, corporation IP/trade secret policies, inventor remunerations etc.
Grace is mindful of industry dynamics and is excellent at aligning legal options to new economic phenomena and exploring creative approaches to solve problems. She has the business acumen when advising on legal actions, and understands the importance of delivering solutions when assessing potential legal risks.
Practice Area
Panel
- Contributing Author
Membership
- Hogan Lovells
- INTA (International Trademark Association)
1 Contributions by Grace Guo
PRACTICE NOTES
Legal guide to influencer marketing in China: advertising, disclosure, livestreaming, sanctions, platform liability, IP rights and contract essentials
This Practice Note is primarily intended for brands that are planning to work with influencers (or other talent) on social marketing campaigns and advertising promotions within China.
Influencer endorsement
Influencer ‘endorsement’ is chiefly governed and supervised under the Chinese Advertising Law (CAL), which is the principal body of legislation regulating commercial advertising activities across China. The CAL applies widely to commercial advertising where commodity traders or service providers, whether directly or indirectly, present goods or services they market within China. Until 2015, the CAL contained no clauses concerning endorsements or influencer activity. When the CAL was updated in 2015, however, a definition of ‘endorsers’ and tailored provisions addressing endorser conduct were introduced. Endorsers are described in a broad, neutral manner as: ‘natural persons, legal persons or other organisations other than advertisers that recommend or demonstrate products or services in their name or image in advertisements’ (see Article 2 of CAL), and would therefore cover, in practice, ‘Key Opinion Leader’, ‘KOL’ or ‘关键意见领袖’. The CAL does not set out any definitions or further rules regarding the elements of ‘payment’ or ‘control’ in endorsement activity, nor has the administrative authority in charge of such matters to date at a national level or otherwise either...
TMT
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