Author - AAA IPRIGHT5

China's SPC published the Top 10 Intellectual Property Cases and Top 50 Typical Intellectual Property Cases in 2021
25 May

China’s SPC published the Top 10 Intellectual Property Cases and Top 50 Typical Intellectual Property Cases in 2021

The SPC published the top 10 IP cases in Chinese courts 2021 on April 21, 2022, as well as 50 typical IP cases. Patent infringement, trademark infringement, copyright infringement, computer software copyright infringement, new plant variety infringement, unfair competition, infringement of technical secrets, monopoly, and other intellectual property-related issues are all addressed in these cases, which cover all areas of intellectual property law. The SPC hoped to clarify trial standards and provide guidance for future trial practice by publishing [...]

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Reviewing IP-related mergers in China
15 May

Reviewing IP-related mergers in China

The assessment of mergers involving intellectual property rights is not subject to any special restrictions. As a result, competition authorities have the same authority to assess mergers involving intellectual property rights as they do non-intellectual property-related mergers. An assessment of the competitive impact of a merger including intellectual property rights The consideration of the competitive impact of a merger including intellectual property rights by the competition authority follows the same basic principles as mergers that do not include intellectual property. Given [...]

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CNIPA Organizes a Regular Press Conference to Discuss IP Culture Development
15 May

CNIPA Organizes a Regular Press Conference to Discuss IP Culture Development

The IP culture theme of respecting knowledge, promoting innovation, integrity, law-abiding, and fair competition has thoroughly entered the public’s hearts and offered strong support for China’s transformation into an IP powerhouse. The China National Intellectual Property Administration (CNIPA) held a regular news conference on March 30 for the first time, introducing IP culture growth and the future project schedule. At the press conference, the reporter learned that the CNIPA has worked diligently over the years to support IP culture growth [...]

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Overview: the Chinese patent enforcement process
14 May

Overview: the Chinese patent enforcement process

Patent rights can be enforced against infringers by filing a patent infringement lawsuit in civil court or filing a patent law violation allegation with the China National Intellectual Property Administration’s local offices (CNIPA). The local CNIPA office will determine whether there is a violation and if there is, it can order the infringer to terminate the infringement, but it does not have jurisdiction over damages for patent infringement. Beijing, Shanghai, and Guangzhou all have specialized IP courts. In these three [...]

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Elusive but effective: merchandising rights in fighting back against trademark squatting in China
09 May

Elusive but effective: merchandising rights in fighting back against trademark squatting in China

The Supreme People’s Court of the PRC (“SPC”) has issued a landmark ruling holding that a unique word developed in a fictional work can be protected as a prior right to invalidate a same later trademark registration if it fits specific criteria. Since 2015, two parties have been embroiled in a long-running trademark invalidation dispute. The trademark registrant, Shanghai You Qi Limited, wanted to register the term “Kui Hua Bao Dian” in standard Chinese characters as a mark for services [...]

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Software Piracy and Intellectual Property in India
02 May

Software Piracy and Intellectual Property in India

Over the years, the globe has witnessed rapid advancements in information innovation, various inventions, and digitalization. This progress has also resulted in the rise of crimes and illegal digital activities such as hacking and programming theft. Theft has soiled software companies, posing a threat not only to product makers but also to the product’s customers. The advancement of technology has made it easier for anyone to duplicate projects, reproduce them, and sell them. The use of computer software has made [...]

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INTA publishes a report on the implementation of China's revised Trademark Law
27 Apr

INTA publishes a report on the implementation of China’s revised Trademark Law

The International Trademark Association’s (INTA) trademark office practices committee’s China subcommittee has released a report on the implementation of China’s revised Trademark Law. It gives crucial insights into the speed and nature of intellectual property rights protection in China since the fourth amendment to the law took effect in 2019. The four-section study took subcommittee members two years to complete and is based on an examination of comments supplied by 100 INTA members – brand owners and practitioners – in [...]

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Information from China's Supreme Court's IP Division in 2021
23 Apr

Information from China’s Supreme Court’s IP Division in 2021

In 2021, the IP division received 4,335 new technical intellectual property and monopoly cases and resolved 3,460 of them, resulting in a 79.8% settled ratio. Compared to 2020, the growth rate in 2021 is higher, particularly: Received 4,335 36.4% Concluded 3,460 24.1% Concluding Rate: 79.8% Average trial period for every case and settled cases per judge Judges concluded 83.5 cases per capita in 2021, up 1.2 percent from the year before. For all sorts of cases, the average trial period was 134 days. Civil 2nd [...]

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Intellectual Property Valuations in the U.K
10 Apr

Intellectual Property Valuations in the U.K

Intellectual property can be considered a company asset, and valuations can help determine its genuine value. IP is frequently the most valuable asset inside a corporation, and in today’s environment, innovation and technology mean that there is some aspect of IP in practically every commercial engagement that a firm engages in. The value of intellectual property assets can be valuable when a company is looking for outside investment, investigating licensing and joint venture options, mergers, and acquisitions, or for [...]

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Protecting IP early in a company's formation may have an impact on the company's ability to attract investment
09 Apr

Protecting IP early in a company’s formation may have an impact on the company’s ability to attract investment

If a startup intends to become a well-established, successful business, it must carefully manage all of its resources, both real and intangible, in the same way that a well-established, successful business does — by focusing methodically on maximizing the return on every expenditure. If the company is established on proprietary technology, it is vital to properly develop an intellectual property (IP) strategy as part of the business plan. At all phases of a company’s development, a well-managed and organized [...]

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