China

The Guidance Opinions on Strengthening Intellectual Property Appraisal Work published in China

The Guidance Opinions on Strengthening Intellectual Property Appraisal Work published in China

The CNIPA announced plans to promote the implementation of a comprehensive appraisal system for intellectual property infringement issues and issued the Guiding Opinions on Strengthening Intellectual Property Appraisal Work (hereinafter referred to as the Guiding Opinions). Three guidelines should be followed, according to the Guiding Opinions, in order to improve intellectual property Appraisal work: adhere to the combination of government guidance and industry self-discipline; adhere to the combination of high-quality development and standardized management; and adhere to the combination of theoretical research and [...]

Types of goods or services that can be trademarked in China

Types of goods or services that can be trademarked in China

In the process of trademark prosecution, it is common for the applicant/registrant to restrict or even give up on some of the goods or services associated with a brand in order to gain registration or prevent confusion. This is permitted by jurisdictions like the United States and the European Union, so long as the modification does not increase the extent of the trademark’s protection. In light of the current examination procedure in China, things are less clear-cut. Limitations on the types [...]

solutions when having merchandise seized by the China Customs, having merchandise seized by the China Customs, merchandise seized by the China Customs, solutions when having merchandise seized,

Solutions when having merchandise seized by the China Customs

If you are a brand owner and just recently received the news that your merchandise has been seized by China Customs, what are the methods, or solutions you can do to protect your merchandise, and more importantly, your reputation? China is the largest market in the entire world. Therefore, it’s no strange thing that businesses from all over the world want to enter this market and sells their merchandise here.  However, entering China’s market is not as easy as it used [...]

marketing or copying in China, marketing in China, copying in China, marketing or copying,

Marketing or copying in China?

A good advertisement doesn’t mean that there won’t be any backlash or digging into how the ad is made. This is reflected clearly in a recent scandal about a hit advertisement by Andy Lau in China when his advertisement over the Audi car brand got criticized as copying and pasting word by word to a post by another famous vlogger in China.    The German luxury carmaker Audi advertisement featuring Hong Kong superstar Andy Lau got slammed heavily on China’s [...]

China's Prohibition on Intellectual Property Abuse, Prohibition on Intellectual Property Abuse, Intellectual Property Abuse, Standard essential patents, Provisions on Prohibiting the Abuse of Intellectual Property Rights

China’s Prohibition on Intellectual Property Abuse

The State Administration for Market Regulation issued the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition on June 27, 2022 (Draft for Comments). The Draft, intended to implement the Anti-Monopoly Law (the most recent version of which goes into effect on August 1, 2022), defines markets, adds a provision on using intellectual property to form a monopoly with others, strengthens legal liability with fines of up to 10% of last year’s sales, and [...]

Establishment of "R&D markets" as a means of addressing innovation-related abuses, Explanation of the term "potential competitors", merger control regime, China consults on amending six antitrust guidelines

China consults on amending six antitrust guidelines, suggesting additional amendments

The State Administration for Market Regulation, or SAMR, China’s competition regulator, has begun a public consultation over changes to six substantive laws as soon as the country’s Anti-Monopoly Law (Amended AML) amendments were approved last Friday (24 June 2022). Wide-ranging proposed amendments include adding a safe harbor for specific vertical agreements and changing the notification thresholds under the merger control system. The proposed regulations, which are available for comment, include: Provisions of the State Council on Thresholds for Prior Notification of [...]

changes in China’s design patent registration system, China’s design patent registration system, China’s design patent registration, design patent registration system, design patent registration,

Changes in China’s design patent registration system

The Hague Agreement goes into force in China on 5 May 2022. This marks the moment China turns into the 77th party of the Hague Union. This achievement demonstrates that China has profoundly partaken in the worldwide intellectual property governance under the WIPO system and China’s design patent registration system is authoritatively going worldwide. In China respectively and in the entire globe, in general, industrial designs play a significant part in ensuring that protection for designs is robust, competitive, and [...]

guide on how to deal with IP counterfeiting from China to the Southeast Asia region, guide on how to deal with IP counterfeiting from China, IP counterfeiting from China to the Southeast Asia region, deal with IP counterfeiting from China to the Southeast Asia region, counterfeiting in Southeast Asia and the IP record system, methods to fight against counterfeiting for brand owners,

Guide on how to deal with IP counterfeiting from China to the Southeast Asia region

China is one of the biggest counterfeiting markets in the entire world. Fake, copycat products from China are spread throughout the world. However, in the South East Asia region respectively, the status of counterfeiting is ranting uncontrollably, creating heavy damage to the producers as well as consumers in the country. In this article, we will give a brief guide on how to deal with IP counterfeiting from China to the South East Asia region. In a report by Europol, by [...]

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

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 [...]

Reviewing IP-related mergers in China

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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