Ai-Leen Lim
Chinese courts see upsurge in criminal IP litigation
By Ai-Leen Lim, Ashley Zhao | Posted on June 16, 2025
On 21 April 2025 the Supreme People’s Court released an annual report entitled “The Status of Judicial Protection of Intellectual Property Rights in Chinese Courts (2024)” (“中国法院知识产权司法保护状况(2024年)”), in both Chinese and English. This update will highlight some of the IP and trademark trends across China found in the report, including an increase in criminal cases and in cases involving...
Tags: china, damages, Litigation
China’s First AI-Generated Picture Copyright Infringement Case
By Ai-Leen Lim, Ashley Zhao | Posted on April 8, 2025
In November 2023, the Beijing Internet Court issued a first-instance judgment in China’s first “AI-generated picture copyright infringement case”, clarifying that the AI-generated picture involved in the case has the quality of “originality”, reflecting the original intellectual input of human beings, and thus should be recognised as a work and protected by copyright law. The...
CNIPA releases detailed guidelines on trademark licences
By Ai-Leen Lim | Posted on January 27, 2025
China’s Trademark Law stipulates that, when granting others the right to use registered trademarks, the licensor must record the licence with the China Trademark Office (CTMO). On 29 October 2024 the China National Intellectual Property Association (CNIPA) released the Guidelines on Registration Procedures for Trademark Licences, to help businesses understand the relevant legal provisions and...
Tags: china, CNIPA, Guidelines, licences, registration, trademarks
CNIPA’s Regulations on Collective and Certification Trademarks: keypoints highlighted
By Ai-Leen Lim | Posted on April 17, 2024
The regulations contain 28 provisions across several critical topics Registrants of collective and certification marks must implement several acts to carry out their trademark management duties Registrants do not have the right to prohibit certain legitimate uses of geographical names contained in collective and certification marks The China National Intellectual Property Administration (CNIPA) issued the...
Tags: certification trademarks, china, CNIPA, collective trademarks, trademarks
CNIPA issues draft regulations on GIs – what you need to know
By Ai-Leen Lim | Posted on December 5, 2023
On 18 September 2023 the China National Intellectual Property Administration (CNIPA) issued the “Draft Regulations on the Protection of Geographical Indication Products for Comment” (“地理标志产品保护规定（征求意见稿)”). The draft regulations are open to public comment until 2 November 2023. Background The draft regulations are part of the CNIPA’s first-ever “Five-Year Plan for the Protection and Utilisation of...
Reducing the burden – China issues rules on suspending trademark review cases
By Ai-Leen Lim, Ashley Zhao | Posted on July 13, 2023
On June 13, 2023, the China National Intellectual Property Administration (CNIPA) issued an Interpretation on the Rules for Suspension of Review Cases《评审案件中止情形规范》解读. The Rules will improve several aspects of trademark practice in China for brand owners as they aim to decrease repeated trademark filings and legal proceedings. The Rules detail multiple situations where a suspension...
China trials fast-track examination for trademark applications
By Ai-Leen Lim, Ashley Zhao | Posted on March 9, 2022
On 14 January 2022 the China National Intellectual Property Administration (CNIPA) released the Measures for Fast-track Examination of Trademark Registration Applications (for Trial Implementation). The measures became effective on the same day and apply to four specific categories of trademark applications that will be eligible for fast-track procedures. If all conditions are met and fast-track examination...
Tags: china, trademarks
China issues Opinions on Judging Trademark Violations
By Ai-Leen Lim, Ashley Zhao | Posted on January 28, 2022
The National Intellectual Property Administration of China (CNIPA) issued the Standard for Judging General Trademark Violations (Standard) on December 13, 2021. It entered into force on January 1, 2022. Background In China, the Administration for Market Regulation (AMR) at the state, provincial, municipal and county levels (including all branches) are the enforcement authority tasked with administering and...
Tags: china, Standard, Trademark, Violations
China endorses good-faith commitment when applying for well-known status
By Ai-Leen Lim | Posted on November 8, 2021
From 1 September 2021 applicants and their trademark agents or representing agency will be required to sign and seal a “Letter of Commitment to the Good Faith of the Parties Requesting the Protection of Well-Known Trademarks” (当事人请求驰名商标保护诚信承诺书). Background Well-known status for Chinese trademarks is typically requested through: the China National Intellectual Property Administration (CNIPA), either directly or...
Tags: china, trademarks, well-known
Lego’s compensation increased tenfold by appeal court
By Ai-Leen Lim | Posted on May 12, 2021
On 1 April 2020 the Guangdong Higher People’s Court announced that it had awarded Danish toymaker Lego Rmb30 million (approximately $4.58 million) in damages for trademark infringement and unfair competition against Guangdong Meizhi Zhijiao Technology Co Ltd and three other defendants. The amount was increased tenfold compared to an earlier decision by the Guangzhou Intellectual...
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