china
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...
China’s president pledges stronger IP enforcement
By Ai-Leen Lim | Posted on May 4, 2021
China’s president Xi Jinping has reiterated the country’s commitment to strengthening intellectual property protection and enforcement through higher damages and criminalisation. The article was published by the official state-run press agency of the People’s Republic of China – Xinhua. It stresses that innovation is the primary driving force behind development and protecting intellectual property rights is equal to protecting...
Tags: awards, china, copyright, Intellectual Property, Patent, Trademark
After seven years China and EU sign investment agreement
By Ai-Leen Lim | Posted on March 16, 2021
Ai-Leen Lim considers some of the highlights from the Comprehensive Agreement on Investment between China and the EU. Agreement negotiations have been ongoing for seven years, but finally a deal has been reached “in principle”. Despite the ongoing pandemic, two of the world’s largest economies came together on shared priorities. On December 30, 2020, the...
China’s highest court awards largest ever damages in Vanillin trade secrets case
By AWA | Posted on March 9, 2021
The Supreme People’s Court (SPC) handed down its decision on February 26, 2021. Almost immediately, the business and intellectual property communities were paying attention to a case that would have otherwise gone unnoticed. The reason was simple – the highest ever damages for a trade secrets case had been awarded by the SPC – Rmb...
Tags: china, SPC, trade secrets
Beijing IP Court awards Shell statutory damages
By Ai-Leen Lim | Posted on February 24, 2021
In a recent base before the Beijing IP Court, oil and gas giant Shell International received the maximum amount of statutory damages in a trademark infringement and unfair competition case On January 21, 2021, the Beijing IP Court announced its decision in a trademark infringement and unfair competition case between two plaintiffs and five defendants....
Tags: Beijing IP Court, china, Infringement, Shell, trademarks, unfair competition
China amends Guidelines for Patent Examination
By AWA | Posted on February 24, 2021
Following the fourth amendment to the PRC Patent Law by the Standing Committee of the National People’s Congress in October 2020, the China National Intellectual Property Administration (CNIPA) initiated a comprehensive review of the Guidelines for Patent Examination (Examination Guidelines 2019). The Decision to Amend the Guidelines for Patent Examination (Examination Guidelines 2021) was issued by the...
Tags: china, CNIPA, Guidelines, Patent, PRC Patent Law, prosecution
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