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Tag Archives: China

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

China issues its new Draft Patent Law

The Draft focuses on enhanced enforcement, e-infringement and patent utilization On 2 December 2015, China’s State Intellectual Property Office (SIPO) released another draft version of the Chinese Patent Law for public comment. Comments on the Draft have been submitted widely by January 2016, and are currently being reviewed by SIPO. The Draft contains an important

The dragon rises… but mainly in the officially-approved TLDs

China’s country code Top Level Domain (ccTLD), .CN, has recently edged ahead of Germany’s .DE to become the second most registered TLD in the world, whilst other Chinese-run (and Chinese government approved) TLDs, such as .TOP and .WANG are seeing explosive growth.  Brand owners should thus be vigilant and ensure that their brands are protected

China: Every word counts – Shanghai released typical cases of illegal advertisements in 2015

The Shanghai Administration of Industry and Commerce (“Shanghai AIC”) recently released its report concerning the enforcement of the Advertising Law in 2015. According to the report, the Shanghai AIC handled 1,983 cases involving illegal advertisements and handed down penalty decisions for these cases including accumulated fines of RMB 55.57 million (approximately US$ 8.4 million). The

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

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

Every cent counts – Chinese authorities reduce or eliminate certain IP application fees

The National Development and Reform Commission and Ministry of Finance have jointly issued “Notice 2136” (发改价格 [2015] 2136 号) and the Ministry of Finance has issued “Notice 102” (财税[2015]102 号). These two notices affect IP fees as follows: Trademarks, Copyright and Patents Notice 2136 reduces certain administrative fees for trademark and copyright registration applications with effect

China’s SAIC tightens its grip on online advertising in its newest Draft Measures

Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for

China’s SAIC sharpens its blades for its 2015 “Red Shield Net Sword” enforcement campaign.

China’s State Administration of Industry and Commerce (“SAIC”) has recently announced that it will launch its annual online piracy crackdown campaign, which is –rather cryptically- called the “Red Shield Net Sword Campaign” (红盾网剑专项行动). The campaign promises to take a heavy hand against online sales of counterfeit and sub-par goods, and will mainly target infringements on

TMT Developments in China

The first half of 2015 has seen a number of landmark developments shaping China’s TMT sector. We hope that you enjoy this selection of articles, which we believe represent a good cross-section of the vibrant developments in Greater China’s TMT sector. In particular, the following articles affect the IP field: E-commerce liberalization kicks off in