Insights
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...
EPO launches new PPH agreements with New Zealand and Bahrain
By Troels Peter Rørdam | Posted on March 20, 2025
The PPH network continues to expand, and we at AWA remain one step ahead by closely monitoring the new expansions and emerging opportunities. Recently, European patent applicants have been presented with new opportunities to expedite and simplify the examination of their patent applications. This opportunity adds to the existing 15 agreements that the EPO holds...
Tags: Bahrain, EPO, New Zealand, patents, PPH
Increasing Burden of Proof for Trademark Applicants in China
By Ashley Zhao | Posted on March 19, 2025
Based on the recent official notices issued by the CNIPA (China National Intellectual Property Administration) about non-use cancellation cases, applicants are now required to submit more stringent evidence to prove that the target trademark has not been used, including: Basic information about the trademark registrant, including business scope, operational status, and trademark registration details. Evidence...
Companies with IP generate at least 23.8% more revenue according to latest EU report
By AWA | Posted on February 5, 2025
The report ‘The Intellectual Property Rights and Firm Performance in the European Union’ was published last month and analyses intellectual property records by matching firms with their registered patents, trademarks, and designs from multiple authorities, including the European Patent Office (EPO), European Union Intellectual Property Office (EUIPO), and various national and regional IP offices within...
Tags: EPO, EUIPO, Intellectual Property, patents, SMEs, trademarks
European Commission reports show misuse of divisionals can in itself contravene EU law
By Mikkel Roed Trier | Posted on January 28, 2025
In November last year, I was interviewed about the European Commission’s €462.6 million fine against pharmaceutical giant Teva and what it could mean for European patent practices. In short, the European Commission fined Teva for artificially extending patent protection by pursuing divisionals and spreading misleading information about a competing product to hinder its market entry...
IP Enforcement Strategies: Combating Counterfeiting in Southeast Asia and China
By Angeline Lee | Posted on January 27, 2025
Counterfeiting remains among the most significant threats to intellectual property rights globally, particularly in Southeast Asia and China. These regions are at the heart of global manufacturing and trade but also experience high levels of IP violations. In recent years, efforts to curb counterfeiting in these areas have evolved, with countries intensifying their enforcement strategies...
How foreign applicants can take advantage of China’s updated patent regime
By Benny Liu | Posted on January 27, 2025
China implemented the fourth amendment to its Patent Law, which came into effect on 1 July 2021. The amended Implementing Regulations and Guidelines took effect on 20 January 2024. This fourth round of amendments introduced several positive elements for foreign applicants. Procedural Changes Restoring Priority In line with patent practices in the UK, European Union,...
Tags: applicants, china, designs, examination, patents, priority, Procedure
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
Interview: Will patent filers have to change practices after European Commission’s €462.6 million fine against big pharma’s Teva?
By AWA | Posted on November 26, 2024
The European Commission recently fined pharmaceutical giant Teva €462.6 million for artificially extending patent protection by pursuing divisionals and spreading misleading information about a competing product to hinder its market entry and uptake. Margrethe Vestager, the Commission’s Executive Vice-President in charge of competition policy, commented that the decision “reaffirms the Commission’s commitment to competition enforcement...
Filed under: Insights, Interviews
Tags: antitrust, competition, divisionals, EU, patents, Teva
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