Original equipment manufacturing (OEM) is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China, which is often branded “the factory of the world”, OEM is big business. However, from a trademark
Under the Chinese Trademark Law, the Trademark Review and Adjudication Board (“TRAB“) decides on review procedures filed against decisions by the Trademark Office. Up to date, these TRAB review procedures were strictly written procedures. Even though the possibility of holding a hearing was written into the existing legislation, hearings were in practice never held. This
Reduced filing fees finally come to China! On 15 March 2017, the National Development and Reform Commission and Ministry of Finance jointly issued a notice (财税  No.20, “Notice”) to reduce filing fees for various IP registrations. The reduced fees came into force on 1 April 2017. The reduced or waived administrative fees will certainly be beneficial for
While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities (see our earlier report ), the picture in the United States, China and Hong Kong is more complex. “‘It is, it is a glorious thing, to be a Pirate King,’ said W.S. Gilbert: but he was speaking
On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms. In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had
Moncler, a Franco-Italian fashion brand famous for its shiny, fluffy winter coats, has recently achieved a significant victory before the Beijing IP Court. Moncler is in fact the first claimant to obtain the increased maximum statutory damages of RMB 3 million (approximately US$ 470,000) since the new Trademark Law came into force in May 2014
On 24 June 2015, the Ministry of Culture (“MOC”), the top regulator for cultural and artistic affairs in China, issued a notice completely lifting a ban on the production and sale of video game consoles nationwide. To provide further guidance over the content review process as regulated under this notice, MOC in the meantime published
“Strengthening the rights of plaintiffs challenging administrative conduct… is thus a step in the right direction… for both the IPR and antitrust fields” Introduction In 2013, China’s legislative branch decided to amend the ALL. The main aim of the revision seems to be removing a range of procedural obstacles that plaintiffs face when bringing administrative lawsuits.