China

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
13 Jul

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 [...]

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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,
18 Jun

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 [...]

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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,
07 Jun

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 [...]

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

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 [...]

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Reviewing IP-related mergers in China
15 May

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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CNIPA Organizes a Regular Press Conference to Discuss IP Culture Development
15 May

CNIPA Organizes a Regular Press Conference to Discuss IP Culture Development

The IP culture theme of respecting knowledge, promoting innovation, integrity, law-abiding, and fair competition has thoroughly entered the public’s hearts and offered strong support for China’s transformation into an IP powerhouse. The China National Intellectual Property Administration (CNIPA) held a regular news conference on March 30 for the first time, introducing IP culture growth and the future project schedule. At the press conference, the reporter learned that the CNIPA has worked diligently over the years to support IP culture growth [...]

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Overview: the Chinese patent enforcement process
14 May

Overview: the Chinese patent enforcement process

Patent rights can be enforced against infringers by filing a patent infringement lawsuit in civil court or filing a patent law violation allegation with the China National Intellectual Property Administration’s local offices (CNIPA). The local CNIPA office will determine whether there is a violation and if there is, it can order the infringer to terminate the infringement, but it does not have jurisdiction over damages for patent infringement. Beijing, Shanghai, and Guangzhou all have specialized IP courts. In these three [...]

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Elusive but effective: merchandising rights in fighting back against trademark squatting in China
09 May

Elusive but effective: merchandising rights in fighting back against trademark squatting in China

The Supreme People’s Court of the PRC (“SPC”) has issued a landmark ruling holding that a unique word developed in a fictional work can be protected as a prior right to invalidate a same later trademark registration if it fits specific criteria. Since 2015, two parties have been embroiled in a long-running trademark invalidation dispute. The trademark registrant, Shanghai You Qi Limited, wanted to register the term “Kui Hua Bao Dian” in standard Chinese characters as a mark for services [...]

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publicity rights on the fame of famous subjects in China and the USA, publicity rights on the fame of famous subjects in China , publicity rights on the fame of famous subjects in the USA, publicity rights on the fame of famous subjects,
07 May

Publicity rights on the fame of famous subjects in China and the USA

In our current developing world, there are probably as many celebrities as the stars in the sky. They also have a similar resemblance too. Normally, a celebrity will shine for some moment in the night but eventually, they will fade. However, it’s not about the famous duration of celebrities that is the matter but it is another aspect revolving around their fame – the publicity rights. So, what are the publicity rights on the fame of famous subjects? As we [...]

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the IP challenge with the development of mobile gaming in China, IP challenge with the development of mobile gaming in China, problems with the mobile gaming industry in China, mobile gaming in China,
28 Apr

The IP challenge with the development of mobile gaming in China

Gaming has been one of the most profitable industries in the world. In the first decade of the 21st century, it is PC gaming, or desktop gaming, and other variables such as consoles, WII, etc. that thrives, no matter if the game is offline or online. However, recently, in the second and the beginning of the third decades of the 21st century, it is actually the mobile gaming industry that is slowly becoming the dominant one. This is because [...]

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