china
China-Norway patent prosecution highway pilot launches
By AWA | Posted on April 20, 2020
A memorandum between China and Norway will speed up and reduce costs when applying for patents On April 1, the China-Norway Patent Prosecution Highway (PPH) pilot began and is in effect until March 31, 2023. A memorandum of understanding was signed between the China National Intellectual Property Administration (CNIPA) and the Norwegian Industrial Property Office...
Why China’s computer software copyright registrations are increasing
By Ai-Leen Lim | Posted on April 20, 2020
Statistics show a sharp rise in copyright registrations for computer software in China, which can provide an additional layer of protection alongside patents The National Copyright Administration of the People’s Republic of China (NCAC) released last year’s filing data earlier this month. In 2019, there was a 21% year-on-year increase in copyright registrations with the...
Tags: china, computer, copyright, IP, patents, programmes, Software
China further curbs bad-faith trademark applications
By Ai-Leen Lim | Posted on April 20, 2020
Provisions enacted alongside China’s recently amended Trademark Law seek to effectively regulate bad-faith trademark filings including penalties through the nation’s social credit system In response to the bad-faith application regime, the China National Intellectual Property Administration (CNIPA) published Several Provisions for Regulating the Application for the Registration of Trademarks (Draft) on February 12, 2019. The...
Tags: applications, Bad faith, china, CNIPA, IP, malicious, registration, trademarks
China’s upcoming amendments to the Patent Law include punitive damages
By AWA | Posted on March 19, 2020
Last year saw a wave of legislative activity in China. The effects are being felt as different pieces of legislation become effective. The resonating theme is that China is putting an IP protection framework in place that meets the demands of both foreign parties and domestic entities. This can be seen in particular with the...
Tags: china, Infringement, IPR, ISPs, patents, PRC Patent Law, punitive damages
Supreme People’s Court reverses position on OEM trademark use in Honda case
By Ai-Leen Lim | Posted on March 16, 2020
China’s highest court has reversed its stance on trademark use from original equipment manufacturers (OEMs) in this landmark case brought by Honda Background Honda owns China trademark registrations in relation to motorcycles and other goods in Class 12 for the following marks: Chongqing Heng Sheng Group Limited (Heng Sheng) contracted with the Burmese Meihua Company...
Tags: china, Dongfeng, Honda, IPR, OEM, PRETUL, SPC, trademarks
Alibaba’s DOUBLE 11 trademark: JD.com sues China’s IP authority
By Ai-Leen Lim | Posted on January 6, 2020
Singles’ Day falls on 11 November in China. Since 2009, it has become a 24-hour shopping extravaganza, with international and local brands offering discounts. China’s biggest e-commerce company, Alibaba, hit a record $38 billion in sales this year, with $1 billion worth of goods sold in the first minute and eight seconds. The online direct...
Tags: Alibaba, china, CNIPA, consumer goods, Double 11, enforcement, JD.Com, trademarks
Chanel loses Chinese trademark infringement case involving ‘double C’ logo
By Ai-Leen Lim | Posted on October 17, 2019
Background Chanel owns the registered trademark (the ‘double C’ logo) in Class 14 in China. In June 2016 the Guangzhou City Haizhu District Administration for Industry and Commerce (AIC) raided a jewellery store and found goods resembling the shape of Chanel’s ‘double C’ logo. Representatives from Chanel later confirmed that the goods were fake. The...
Tags: chanel, china, IP court, trademarks, unfair competition
Draft regulations cement China’s emerging position on tackling infringement
By Ai-Leen Lim | Posted on September 11, 2019
Draft regulations from the National Development and Reform Commission (NDRC) formalise China’s changing stance on asserting punitive damages for infringement, severely punishing criminal acts regarding IP rights and stating that IP rights should be fully protected. Background The NDRC leads China’s macroeconomic planning. It formulates and implements strategies for national economic and social development and...
China Tackles Bad-faith Trademark Registrations
By Ai-Leen Lim, Ashley Zhao | Posted on June 4, 2019
The China National Intellectual Property Administration has published Draft Regulations in an effort to tackle bad-faith trademark applications. In this article, we take a closer look at the (i) Draft Regulations for Regulating the Application for the Registration of Trademarks, (ii) revisions to the PRC Trademark Law (wef November 1, 2019) and (iii) recently issued...
Tags: AIPLA, Bad faith, Beijing Court, china, Guidelines, INTA, regulations, trademark law, trademarks
Beijing High Court rejects Thermos’ appeal in invalidation proceedings
By Ai-Leen Lim | Posted on May 28, 2019
Over a decade ago, a Chinese company filed for the mark TILIR THERMO VOGUE in Class 21 for use on goods including vacuum bottles. Attempts by insulated container manufacturer Thermos to invalidate this mark over the past three years were put to an end by a recent decision from the Beijing High Court. Background In...
Tags: Bad faith, china, Infringement, registration, Thermos, trademark law, trademarks
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