China

The status of counterfeit products flow from China to South East Asia region, The immense impact of counterfeits, Measures to stop the counterfeiting problems, Counterfeit goods and illicit goods 

The status of counterfeit products flow from China to South East Asia region

China has long been regarded as the center of counterfeit products from across the entire globe. Cheap labor, plentiful resources, and loosen regulations of taxation, etc. have made this country the heaven to mass-produce products in general, and counterfeit products in particular. Recently, China has once made the headline for being the source of the flow of counterfeit products to other regions in the world, particularly the ASEAN region – its neighbor area geographically. China and ASEAN have long had [...]

INTA published Unfair Competition Laws Quick Guide, Unfair Competition Laws, Unfair Competition Laws Quick Guide, INTA’s Unfair Competition Committee

INTA published Unfair Competition Laws Quick Guide

On September 14, 2021, INTA’s Unfair Competition Committee (UCC), Policy Subcommittee voted to approve a Board Resolution, prohibit various forms of unfair competition even though the national statutes or governing laws are diverse in nature. Specifically, the data in the Unfair Competition Quick Guide covers 24 countries, including those in the Americas, Asia, Europe, and the Middle East. Sponsored by INTA’s Unfair Competition Committee (UCC) —Policy Subcommittee, the resolution focuses largely on obligations contained in the TRIPS Agreement and is a [...]

The 8th BPIP Annual Conference starts on October 25th 2021, Best Practices Intellectual Property

The 8th BPIP Annual Conference starts on October 25th, 2021

The 8th Best Practices Intellectual Property (BPIP) Annual Conference is about to be commenced on October 25th, 2021 in Sheraton Hotel, Tel Aviv. This conference will bring global decision-makers and international IP experts to Tel Aviv both physically and spiritually through the internet to discuss global issues on IP, trends, and legislation regarding IP matters. Participating in the virtual BPIP conference, brand owners and practitioners from across the world can get the latest update on IP matters in the world, [...]

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

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 [...]

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

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 [...]

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

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 [...]

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

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 [...]

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

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 [...]

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

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 [...]

How To Enforce Intellectual Property Rights in China?

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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