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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...

Tags: china, examination, IP, Norway, patents, PPH

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...

Tags: china, economy, enforcement, NDRC, policy, trademarks

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

Recent contributors

Laura Stravinskaite

Laura Stravinskaite

Senior Associate, Attorney at Law

Ai-Leen Lim

Ai-Leen Lim

Partner, Attorney at Law, Group Vice President

Ashley Zhao

Ashley Zhao

Partner, Attorney at Law, Business Area Manager

Troels Peter Rørdam

Troels Peter Rørdam

Senior Counsel, European Patent Attorney

Mikkel Roed Trier

Mikkel Roed Trier

Partner, European Patent Attorney, UPC Representative, Business Area Manager