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Tag Archives: China

Investing in China’s TMT sector: What you need to know

China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other it presents huge challenges from the regulatory and compliance perspective in terms of establishing a foothold

Invalidation of Chinese patent based on a finding of lack of domestic priority

Recently, the Chinese Patent Reexamination Board (PRB) published a written decision where patentee Chen He’s Electric Unicycle patent (CN102275621B) was invalidated based, partly, on a failure to establish sufficient domestic priority. The case is significant because of: a) its consideration of whether the patent can be invalidated due to not applying for a foreign filing

China: 2-year time-bar revised to 3 years under CNDRP

Previously, under the CNNIC ccTLD Dispute Resolution Policy (CNDRP) which governs the .CN (and .中国) domain in China, no complaints under CNDRP could be filed against a .CN domain which had been registered for more than 2 years. This time bar led to debates as to whether it imposes an unreasonable time limit on the

TMT Horizons 2019: Dynamism of TMT sector set to continue

Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving consolidation and restructuring. Regulators rush to respond, radically reshaping the environment. These trends show no sign of slowing down. This year’s TMT Horizons includes 22 short articles contributed by our lawyers around the globe, focusing on

Webinar, 20 June: China’s new Foreign Investment Law – IP protection & technology transfers and more…

On 15 March 2019, China passed a new Foreign Investment Law (“FIL”) that takes effect on 1 January 2020, which, when combined with a slimmed-down Negative List, and pre-market access national treatment outside of it, attempts to increase market access, prohibit forced transfers of technology, and consolidate existing rules relating to foreign direct investment (which

China’s first Data Protection Measures lifting its veils

On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security (“Data Security Measures“, see our in-house English translation here) for public consultation. These Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in

A tale of two visions: what does China’s social credit system really mean?

The Social Credit System (“SCS“) in the People’s Republic of China is not a new concept. But the Chinese Social Credit System is nothing if not controversial. There are two world views of the SCS, which paint diametrically opposed images, from a means to improve people’s lives by punishing anti-social and bad behaviour to a data-driven Orwellian

Post-INTA roundup: China’s evolving IP landscape

During this year’s 2019 INTA Annual Meeting, our Greater China IP team discussed the following key issues around China’s evolving IP landscape. What’s in store for brand owners in China? Partner, Helen Xia discussed recent updates on strategies to curb trademark hijacking and factors leading up to this phenomenon. In recent years, China has had a

USPTO reiterates commitment to detect and prevent fraudulent foreign trademark applications

The United States Patent and Trademark Office (“USPTO”) has recently reiterated its commitment to stemming the tide of inaccurate and fraudulent trademark applications originating primarily from China.  On May 9th, the Director of the USPTO, Andrei Iancu, testified before the U.S. House Subcommittee on Courts, Intellectual Property, and the Internet, and fraudulent foreign trademark applications

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended.  The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement, while the changes to the AUCL are aimed at improving the protection for trade secrets. The changes to the TML will

Alternative to interlocutory injunctions? Shanghai IP Court innovates with a “partial judgment” on patent infringement

Earlier this year, the Shanghai IP Court (“Court”) handed down an interesting judgment in a patent infringement case between a French car parts manufacturer and three Chinese defendants (two Xiamen, Fujian Province based companies and an individual). On 27 March 2019, upon appeal, the IP Court of Appeal at the Supreme People’s Court upheld the

Hogan Lovells named MIP Global Firm of the Year – Second year running!

Hogan Lovells global IPMT practice has been awarded the accolade of ‘Global IP Firm of the Year’ at the Managing Intellectual Property North America awards – becoming the first firm to win the award in consecutive years and the only firm to win it three times. The award recognizes the strength of our global practice

EUIPO issues a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes

The European Union Intellectual Property Office (EUIPO) recently published a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes which highlights the main similarities and differences between various Dispute Resolution Procedures (DRPs), analysing in particular the different procedures, fees, timelines and case statistics.  The study also compared the likely outcomes of a few

China breaks new ground with Foreign Investment Law-related IP reform

In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound IP-related investments. The first major change was the adoption of the new Foreign Investment Law (“FIL”) on 15 March 2019 (full text

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark infringement claim before a Chinese court. The case involves cutting-edge IP issues such as the distinctiveness and infringement assessment for 3D-trademarks, and

What you need to know about China’s new Regulations on interim injunctions in IP cases

China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes” (“最高人民法院关于审查知识产权纠纷行为保全案件适用法律若干问题的规定”, “Regulations”). The Regulations came into effect on 1 January 2019. The Regulations apply to applications for interim injunctions (which includes both preliminary and interlocutory injunctions, in Chinese “诉前禁令”

China Trademarks: 2018 Highlights & 2019 Forecast

Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification on OEM trademark infringement; and the first court appeal granting registration of a sound mark. This year, further developments are expected with; the

China: Appetite for anti-unfair competition action in the Internet space

It’s been almost a year since the new “Internet clause” in China’s Anti-Unfair Competition Law (AUCL) is in force. The enforcement authority hasn’t used it much in 2018. But one decision is noteworthy. AUCL amendment On 1 January 2018, the first amendment to the AUCL since its enactment in 1993 came into effect. One of

China’s highest court slams trademark squatter, confirming that hoarding trademarks is unlawful

In a recent judgment, China’s highest court, the Supreme People’s Court (“SPC”), dealt a significant blow to trademark squatters. The case is noteworthy for several reasons: First of all, the case was likely selected as a landmark case by the SPC, since the Court accepted to hear the retrial procedure, even though it fully maintained

To tariff or not to tariff: China’s alleged intellectual property theft from the United States

As of this writing, the United States recently halted trade negotiations with China particularly as related to trade tariffs for alleged “unfair trade practices” under Section 301. Though it may be popular to label the Trump administration’s latest tariffs on China as part of an ongoing “trade war”, the response elides a significant point: that

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court (SPC). This Decision will come into effect on 1 January 2019. The Decision provides that the SPC will have

Hogan Lovells Standard Essential Patent Update (English, 日本語 & 한국어)

In this edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, Japan, the United Kingdom, and the United States. This bi-monthly newsletter summarizes the more notable SEP developments from key litigation arenas for owners and prospective licensees. 日本語 – Japanese language translation available here 한국어 – Korean