China

New draft standards for determining illegal trademark conduct of CNIPA, draft standards for determining illegal trademark conduct of CNIPA, determining illegal trademark conduct of CNIPA, New draft standards for determining illegal trademark conduct
18 Sep

New draft standards for determining illegal trademark conduct of CNIPA

In August 2021, the China National Intellectual Property Administration (CNIPA) issued Draft standards for determining general illegal trademark conduct (“商標一般違法判斷標準”). At the moment, these standards are still opened for public comments and the consultation on the draft standards will end on 1 October 2021. Mainly bases on the Trademark Law and the Regulation on the Implementation of the Trademark Law, the Standard’s main goal is to strengthen operational guidance on trademark enforcement, unify enforcement standards and optimize the innovation environment [...]

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Impacts of China's New Personal Information Protection Law on enterprises, Preparation needed before 1st November, Personal Information Protection Law, Personal Information Protection Law on enterprises
07 Sep

Impacts of China’s New Personal Information Protection Law on enterprises

On August 20th, 2021, China’s Personal Information Protection Law (PIPL) has officially passed into law. With this new regulation, China has had its first legal attempt to define personal information (PI) and regulate the storing, transferring, and processing of personal information. The law will come into force on 1 November 2021, only 2 months from now. This means that it will leave a rather tight time frame for enterprises, especially for enterprises that rely heavily on data for their operations [...]

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China and Europe collaborate on streamlining the patent application process, China and Europe collaborate on streamlining, China and Europe collaborate on streamlining the patent, collaborate on streamlining the patent application process, The relationship between CNIPA and EPO
04 Sep

China and Europe collaborate on streamlining the patent application process

Recently, the China National Intellectual Property Administration (CNIPA) and the European Patent Office (EPO) have announced that they have finally reached an agreement on the matter of streamlining the patent application process.  Specifically, from July 1, 2021, a copy of the prior application search report made by the CNIPA will not be required anymore when a European patent application or a Patent Cooperation Treaty application claiming priority from an earlier application in China is filed with the EPO enters the [...]

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Beijing IP Court announced the official acceptance of pre-hearing mediation procedures, IP Court announced the official acceptance of pre-hearing mediation procedures, Promoting the Reform of Administrative Litigation Proceedings by Dividing Complicated Cases and Simple Cases, Promoting the Reform of Administrative Litigation Proceedings, Dividing Complicated Cases and Simple Cases
02 Sep

Beijing IP Court announced the official acceptance of pre-hearing mediation procedures

Recently, to adapt to the change in the world regarding the Covid-19 pandemic and the gradual increase in the population of China which means an immense growth of IP cases needed to be solved, the Beijing IP Court announced the official acceptance of pre-hearing mediation procedures. The Beijing Intellectual Property Court which handles “first-instance IP civil or administrative cases with professional features involving patents, new varieties of plants, layout design of the integrated circuit, know-how and so on” has just [...]

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New filing formality requirement of CNIPA in well-known mark dispute, Integrity Commitment Letter for Well-known Mark Protection Request, Integrity Commitment Letter for Well-known Mark, Integrity Commitment Letter for Well-known Mark Protection, New filing formality requirement of CNIPA
31 Aug

New filing formality requirement of CNIPA in well-known mark dispute

Beginning from September 1st, 2021, a new filing formality requirement: “Integrity Commitment Letter for Well-known Mark Protection Request” is obliged to be submitted where well-known mark protection is claimed in opposition/review cases before CNIPA. On August 6th, 2021, CNIPA issued a notice which required that as of 1 September 2021, the applicants who claim well-known mark protection in oppositions/invalidations need to submit “Integrity Commitment Letter for Well-known Mark Protection Request” simultaneously executed by the applicants and their agents in agreement [...]

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32 million Chinese trademarks have been added to the online database of TMview
29 Aug

32 million Chinese trademarks have been added to the online database of TMview

The EUIPO and the China National IP Administration (CNIPA) have announced that Chinese trademark data is now available in TMview. As a result of the change, the free database now has access to an extra 32 million trademark records. TMview allows users to search trademark records from all EU national IP offices, the EUIPO, and a number of foreign partner offices across the world, providing data on the kind of right and application, the registration date, and the goods or [...]

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How To Enforce Intellectual Property Rights in China?
23 Aug

How To Enforce Intellectual Property Rights in China?

This step-by-step guide outlines what should be done if an intellectual property right (IPR) is infringed upon in the People’s Republic of China (China). Copyright, trademark, patent, and unfair competition are among the IPRs discussed in this guide (including counterfeiting). 1. Determine your right, claim and the damages caused by infringement You can rely on the following legislation if your IPR is registered in China. In actuality, it is conceivable for a single right to be protected by many IPRs. An IPR [...]

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The procedure of trademark renewal in China, trademark renewal in China, fee of trademark renewal in China, trademark renewal fee in China
18 Aug

Fee and procedure of trademark renewal in China

Every registered trademark has a period of validity. When a trademark is about to expire, the owner of the trademark is usually given a period of time to take the necessary official procedures. The article shall highlight the procedure of trademark renewal in China and fee of trademark renewal in China. Trademark validity in China Same with many countries around the world, the China registered trademark has 10-year validity time period and need to renew every 10 years. According to Article 40 [...]

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IP Litigation & Enforcement Guide in China, IP Litigation in China, Enforcement Guide in China, China IP Litigation, China Enforcement Guide
16 Aug

IP Litigation & Enforcement Guide in China

There have been many questions and concerns about the procedure of IP litigation and IP enforcement in China. However, in the IP industry in China, we still haven’t had a clear guideline for rights holders as well as the parties related to its procedures. This article will address some common questions and concerns of the IP litigation and enforcement landscape in China, primarily the sections revolving around civil and criminal enforcement.

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Overviews on Assignment/Transfer of Chinese Trademarks, Assignment/Transfer of Chinese Trademarks, Legal Basis and Application Conditions, Required Documents to Record the Assignment/Transfer, Some Considerations for Trademark Assignment/Transfer
16 Aug

Overviews on Assignment/Transfer of Chinese Trademarks

China is the most populous country in the world. Therefore, this is a potential destination for businesses wishing to expand, develop and establish relationships and cooperation with foreign businesses. However, in the process of expansion, businesses have found that there are many inadequacies, cumbersome procedures, and troubles in the transfer process of trademarks in China. Accordingly, this article will give the overviews on Assignment/Transfer of Chinese Trademarks. Ⅰ. Legal Basis and Application Conditions Article 42 of China’s Trademark Law, as well [...]

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