Header graphic for print
LimeGreenIP News

Tag Archives: China

Asia webinar: Creatively combatting counterfeiting and piracy with robust strategies

From cosmetics to electronics, the quickening pace of counterfeit products continues to be a real threat to many businesses.  Companies need more effective ways to protect their brand against fraud both online and offline.  In this webinar, our speakers from China, Hong Kong, Japan and Vietnam will discuss key anti-counterfeiting strategies covering various jurisdictions.  Join

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully digitalized, online procedure. The establishment of a specialized cyberspace court in China’s internet capital Hangzhou is an encouraging step for the Chinese internet

China launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword Campaign” (红盾网剑专项行动). This year’s crackdown campaign promises to take a heavy hand against the unauthorized online distribution of films, TV programs and other

Major IP reforms foreshadowed in China’s Pharma sector.

On 12 May 2017, the Chinese Food and Drug Administration (the “CFDA”) issued several draft policies aimed at overhauling of the current regulations governing the Chinese pharma and medical device sector (the “Draft Policies”). Amongst the Draft Policies, those outlined in Circular No.55 would, if implemented, establish a more robust patent linkage system, a more

China: Cybersquatter asks Chinese court to declare its own domain names invalid

The Beijing Haidian District People’s Court has recently heard a case in which a domain name registrant requested the court to declare its domain name registration contracts invalid. In this somewhat unusual case, the court granted this request concluding that the object of the agreement was cyber-squatting, thereby cancelling dozens of squatted domain names. The

China’s OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

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

A step in the right direction: China’s TRAB launches new trademark review hearing system

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

Integrated IP Enforcement – A practical toolkit for Asia

The astonishing growth of Asian economies has led to companies in the region making enormous strides in commercialising and monetising their IP rights. However, the region presents unique risks and challenges in the protection of IP rights. In this context, we are delighted to announce the launch of our IP enforcement toolkit for Asia which we hope

Beijing IP Court celebrates 2nd anniversary amidst praise for its professionalism, expertise regarding foreign litigation and higher damages for IP infringement

Founded as one of three specialised Chinese IP courts in 2014 (see here and here), the Beijing IP Court has just completed its second and most challenging year to date. According to a recent report, throughout 2016, the Court witnessed increasing amounts of high-tech cases, cases involving foreign entities, and cases in which enormous damage

New specialized IP Tribunals unveiled in economic powerhouses Wuhan, Nanjing, Suzhou and Chengdu.

Following the largely successful establishment of the specialized IP Courts in Beijing, Shanghai and Guangzhou (see our articles here and here), the Chinese Supreme People’s Court has recently also given the green light for the establishment of specialized IP tribunals in large inland cities Wuhan, Nanjing, Suzhou and Chengdu. It is hoped that the establishment

Every cent counts: China slashes certain IP application fees as of 1 April

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 [2017] 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

China: President-Elect Trump winning trademark battles?

Background. President-elect Donald Trump has joined the ranks of celebrities such as Allen Iverson, Michael Jordan -and even James Bond (!)- in taking up the hatchet against China’s notorious trademark squatters. These trademark squatters typically use and abuse the first-to-file rule: i.e. the first person to file for a mark (and not use a mark,

IP aspects of China’s new controversial Cyber Security Law

China’s Cyber Security Law, which will take effect from 1 June, 2017 was finally adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016 (see our briefing).

US-China Entertainment Law Conference

We are delighted to be sponsoring the first US-China Entertainment Law Conference on 2 November 2016 at the Loyola Law School, LA, California. This event will bring together senior policymakers, academics, business executives and international practitioners from China and the U.S. to discuss cutting-edge legal issues in the US-China film, television, music and gaming industries.

Asia – Hot Property

Our Intellectual Property team in Asia is celebrating a run of success taking home the following 5 awards across our offices in China, Japan and Vietnam: International IP Firm of the Year (China Law & Practice Awards); Best in IP (Asialaw Asia-Pacific Dispute Resolution Award); Japan Trademark Firm of the Year (Asia IP) (Earlier this year we also

A sigh of relief: Guangdong Higher People’s Court reduces record trademark damages award in its New Balance appeal judgment.

On 23 June 2016, the Guangdong Higher People’s Court handed down its long-awaited judgment in the New Balance/新百伦-case. In its judgment, the Court upheld the finding of trademark infringement by New Balance, but reduced the damages granted in first instance from RMB 98 million by nearly twenty-fold, to ‘only’ RMB 5 million (approximately USD 750,000).

China – When do cease-and-desist letters become unfair competition?

Owners of Chinese patents should take care not to be overly aggressive in asserting their patent rights, especially when dealing with a retailer, dealer, or importer. So long as the patent owner’s conduct falls within normal business practice, a patent owner should not be responsible for the alleged infringer’s economic harm, even if the patent

More efficient and effective administrative trademark actions in China

The Chinese State Administration for Industry & Commerce (“SAIC”) has recently launched a new initiative, allowing foreign trademark owners to designate a Mainland China-based contact person for their registered trademarks. Foreign trademark owners who take advantage of this service should benefit from more efficient and effective administrative trademark enforcement. Currently, when local bureaus of the

US Government slams Chinese domain name rules

As reported in the April 2016 issue of Anchovy News, the Chinese Ministry of Industry and Information Technology (MIIT) released a draft of new rules concerning the regulation of the domain name system in China.  The proposed new policy contained a provision under Article 37 that any domain name (regardless of what TLD it is

The big picture on IP litigation in China

The Supreme People’s Court (“SPC”) recently released its White Paper on Judicial Protection of IPR, 2015 (“中国法院知识产权司法保护状况(2015), “White Paper”), containing statistics on IP litigation in China. Significantly, the statistics also contain the first conclusive data on the operation of the specialized IP Courts in Beijing, Shanghai and Guangzhou, over a year after they started accepting

Towards a Greater Chinese Firewall? – China issues new draft domain name rules

On 25 March 2016, the Chinese Ministry of Industry and Information Technology (the “MIIT“) issued Draft Rules on the Administration of Internet Domain Names (“Draft“) and issued a call for comments. The Draft has raised serious concerns among the public and the international media. In this article we summarize the key changes in the Draft,

China’s SPC finally takes a stand: pure OEM use in principle does not infringe upon Chinese trademarks

Summary After years of controversy surrounding the legal status of original equipment manufacturing (“OEM“), China’s Supreme People’s Court has finally handed down what may become a landmark judgment in the Focker v Ya Huan case. Introduction The controversy regarding the status of OEM infringement initially arose because the Trademark Law does not give any clear-cut