China

Beijing High People’s Court issued guidelines on punitive damages in civil IP cases

Beijing High People’s Court issued guidelines on punitive damages in civil IP cases

The Beijing High People’s Court released Guidelines on Punitive Damages in Intellectual Property Infringement Civil Cases (Guidelines) on April 25. The Guidelines lay out the methodologies for measuring punitive penalties, as well as the conditions in which punitive damages are appropriate, and the Internet service providers’ punitive damages liability. The court also published a few typical cases alongside the Guidelines to show how punitive damages were given in real situations. When a violation is proven to be both “serious” and [...]

Standards for Judging General Trademark Violations in China published, Judging General Trademark Violations in China published, General Trademark Violations in China published, the Standards,

Standards for Judging General Trademark Violations in China published

To implement the decision and deployment of the CPC Central Committee and the State Council on strengthening the protection of IP rights, the CNIPA has issued the “Standards for Judging General Trademark Violations in China published”, short as the Standards to guide the enforcers of the departments.  The draft version of the Standards for Judging General Trademark Violations (“Draft Standards”) was published on 17 August 2021 for public comments until 1 October the same year. The official publication of the Standards [...]

China Trade Secret Litigation Report by Rouse, China Trade Secret Litigation Report, China Trade Secret Litigation , Trade Secret Litigation,

China Trade Secret Litigation Report by Rouse

Rouse, one of the leading law firms specializing in Intellectual Property in the entire world with many renowned lawyers have just published the China Trade Secret Litigation Report to provide the readers with some in-depth knowledge about the litigation status in China, especially concerning trade secret. Rouse operated as a closely integrated network with more than 600 people working out of 18 offices in 13 countries. Accordingly, the Report was also made by Rouse experts with its partners, in this case, [...]

Snapshot: Patent System in China

Snapshot: Patent System in China

Both products and processes are protected by patents. You can use your IP rights to prevent others from manufacturing, using, or selling your invention in China. Certain types of inventions are not eligible for patent protection in China. Patents are not available for the following products: scientific discoveries; rules and methods of mental activities, such as software and business methods; methods for the diagnosis or the treatment of diseases, such as medical procedures; animal and plant varieties; substances obtained by means of nuclear transformation; and a [...]

China Copyright Protection for Applied Art

China Copyright Protection for Applied Art

Because China’s copyright legislation makes no express provisions for the protection of works of applied art, courts have taken a variety of ways in addressing the issue. Protection has been extended in some circumstances based on the safeguards provided to works of art. In last year’s Guiding Case No. 157, The Supreme People’s Court (SPC) agreed that works of applied art are eligible for copyright protection in their own right. “An artistic work applied to objects for practical use, whether [...]

China's Latest Trademark Law Strengthens Trademark Enforcement

China’s Latest Trademark Law Strengthens Trademark Enforcement

It has been more than two years since China’s new Trademark Law was promulgated and implemented in 2019. How have the revisions to the new Trademark Law been applied throughout this time? What result has been acquired? What rules or interpretations have the China Intellectual Property Administration (CNIPA) or the Court issued, and what steps have been made to promote and ensure the efficient application of the new Trademark Law? In conjunction with the main amendments to the new [...]

Exclusive copyright agreements are officially banned in China, Exclusive copyright agreements banned, copyright agreements banned in China, Exclusive copyright agreements banned in China,

Exclusive copyright agreements are officially banned in China

Monopoly is a huge issue in any market. It not only hinders the development of the market in the near future but will also create disastrous effects on the entire society in the long run. That’s why many great countries in the world have established their own Anti-monopoly law, best demonstrated in the recent Facebook monopoly lawsuit. In China, the same methods have also been applied but the scale is different. China’s government won’t target a single giant company [...]

China Sees Applications for 16,000 Metaverse Trademarks

China Sees Applications for 16,000 Metaverse Trademarks

The Chinese National Intellectual Property Administration (CNIPA) said that the country has seen 16,000 trademark applications filed, encapsulating the term ‘metaverse.’ The CNIPA has been outspoken in its opposition to malicious trademark registrations, particularly when the company is attempting to amass trademarks for no apparent reason. The office also stated that applicants should follow the relevant provisions of the “Trademark Law” when applying for registered trademarks. They must also follow the principle of good faith, not endangering the public’s interest [...]

Options for expediting the patent application examination process in China

Options for expediting the patent application examination process in China

The examination for a utility model patent application is relatively short under China’s current patent examination system, taking six months to one year to be granted, whereas the examination procedure for an invention patent application is much longer, taking at least 2-3 years to be granted due to the substantial examination. The applicant, on the other hand, often wants for such a patent to be issued as soon as possible. As a result, the question of how to expedite the [...]

IP problem in the 2022 Beijing Winter Olympics Paralympics, 2022 Beijing Winter Olympics Paralympics, the 2022 Beijing Winter Olympics and Paralympics IP problem, Beijing Winter Olympics Paralympics,

IP problem in the 2022 Beijing Winter Olympics, Paralympics

Although the Covid-19 pandemic still rages on across the world, China included, and the fact that the tension between Russian-Ukraine, China’s neighbor, is still high, the 2022 Beijing Winter Olympics and Paralympics are ready to go.  As the Beijing 2022 Winter Olympics and Paralympics are coming closer day by day, methods have been made to ensure that all Intellectual property assets will be protected, especially IP such as design patents and trademarks associated with the Olympic Games. If this plan proceeds [...]

WhatsApp chat

By continuing to use the site, you agree to the use of cookies. more infomation

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Close