China

IP legal problems with OEM product exports from China, OEM product exports from China, Original Equipment Manufacturing - OEM, IP legal problems with OEM product exports from China
21 Jan

IP legal problems with OEM product exports from China

China has been increasing its efforts on the inspection of OEM products as there have been many IP legal problems with OEM product exports from China. Accordingly, individuals/organizations conducting businesses in China should take extra caution in recent times.  Original Equipment Manufacturing – OEM Although these terms are not very well known in public, however, both the terms OEM and ODM are very familiar in the industrial manufacturing industry. OEM stands for Original Equipment Manufacturing, and ODM stands for Original Design [...]

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10 Jan

CNIPA: Strategic suggestions on trademark protection of enterprises

CNIPA published Guidelines on Trademark Protection and Enforcement in China on November 23, 2021, which included the following strategic recommendations for enterprise trademark protection: After trademark registration, make standardized use of trademarks The trademark registrants must standardize the use of registered trademarks to retain the exclusive right of registered trademarks and avoid infringement concerns. In general, businesses should pay attention to the following factors: The trademark registrant must, in principle, preserve the trademark pattern similar to that mentioned in the trademark registration [...]

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Trademark Battles Against Chinese Copycats, Battles Against Chinese Copycats, Chinese Copycats, combat bad faith trademarks
23 Dec

Trademark Battles Against Chinese Copycats

Brands from around the world aim to sell their products in China, to its 1.4 billion-strong population. But there’s one problem business leaders, from Steve Jobs to Elon Musk, have had to deal with in exchange for that market access: copycats. Many major brands have gotten dragged into years-long legal disputes to protect their trademarks. Sometimes, the real brands are even forced to apologize—and pay millions of dollars in compensation to their copycats. While discussions about intellectual property protection have largely [...]

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Huawei wins the 'MatePod' trademark against Apple, Failure to convince the CNIPA, MatePod, 'MatePod' trademark
26 Nov

Huawei wins the ‘MatePod’ trademark against Apple

After a long, constant battle between Huawei and Apple regarding the ‘MatePod’ trademark, the fight has finally been over with Huawei coming up on top.  The origin of the conflict between the 2 giant tech companies dates back a long time ago, probably because they are 2 ‘giant tech companies’ in the world and conflicts are inevitable.  However, if taking just the battle for ‘MatePod’ trademark, the disagreement booms for the word ‘Pod’ cause while Huawei is not known for this [...]

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China plans to improve international collaboration in the field of intellectual property rights
18 Nov

China plans to improve international collaboration in the field of intellectual property rights

During the 14th five-year plan period (2021-2025), China is trying to strengthen a larger and deeper opening-up of the intellectual property rights (IPR) sector in order to improve international IPR collaboration, according to the IPR authorities. Gan Shaoning, deputy head of the National Intellectual Property Administration (NIPA), noted that the IPR authorities have developed three significant measures aimed at breaking new ground in global IPR cooperation. China to improve international IPR collaboration To begin, China will actively participate in global IPR governance, [...]

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Trademark coexistence agreements in China, Thoughts on perfecting the system of coexistence agreements, Factors to be considered whether to accept the coexistence agreement, coexistence agreement, Trademark coexistence agreements
11 Nov

Trademark coexistence agreements in China

In China, cases of trademark applications involving coexistence agreements are increasing year by year. According to the doctrine of the exclusive property of trademark rights, two identical or similar trademarks on the same or similar goods cannot coexist in the market for a long time. But there is a phenomenon of trademark coexistence in reality. Accordingly, for the same or similar trademarks used on goods or services, if the owner of the cited trademark agrees to the coexistence of [...]

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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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open license scheme in china, the new patent law in china, patent license in China
24 Jul

The new Patent Law in China provides an open license scheme

A patent is an exclusive right that no one else may use without the patentee’s permission. Most patentees, on the other hand, do not simply want to monopolize their patented technology; they also want to license their patents so that others can profit from their use. The patentee informs that anybody who desires to use his or her patent can get a license for exploitation of the patent by paying the required license fees through the China National Intellectual Property [...]

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