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Tag Archives: China

A game changer? China enacts first e-commerce law

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019. This new law has a remarkably broad scope, encompassing many aspects of e-commerce,

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. In this article, we provide an overview of those combined statistics, and analyze how this might have an impact on your business in China.   China IP litigation numbers

Hong Kong & cross-border IP disputes: Practical tips on arbitrating

While traditionally resolved through litigation, parties are now increasingly referring their intellectual property right (IPR) disputes to arbitration, especially in cases where there is a cross-border element. Building upon our earlier guide to arbitration agreements for IP, this post provides an overview of the advantages and disadvantages of arbitrating IP disputes, addresses two main concerns (Arbitrability of the

Total Brand Care: How to legally obtain your desired brand

Brands can use trademarks to gain a competitive advantage in today’s crowded marketplace.  An iconic trademark can be one of your biggest assets; a core component of your identity; and a practical solution to prevent others profiting from your success.  But navigating the complexities of trademark law around the world is a challenge for many brands. 

Brand Benchmarking 2018: Trademark challenges and opportunities in China

In the first of a series of articles looking in more depth at the findings of the Brand Benchmarking 2018 report, we examine trends in China and East Asia. East Asia (comprising China, Japan, Korea and Taiwan) features prominently in the latest Brand Benchmarking report, while China specifically tops the list of challenging jurisdictions but

Moscow: Asia IP seminar review

At the end of June, Hogan Lovells inaugurated its new office premises in Moscow with Partner Natalia Gulyaeva hosting the first seminar of our Russia-Asia IP series with Vietnam IP Counsel Nga Nguyen and Hogan Lovells Fidelity China Senior Associate Julia Peng. More than 20 business leaders from the professional services, automotive, consumer products and technology

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. Although these cases are not strictly binding precedents under China’s civil law system, these cases are used as persuasive judicial guidance for China’s courts at all levels. In this

Standard essential patents in the automotive industry – Webinar recording

Earlier this month we held the third in our LimeGreen Live webinar series, in conjunction with Hogan Lovells Automotive and Mobility Industry Sector Group This webinar explored recent SEP case developments in three key jurisdictions—the U.S., Germany, and China. The speakers were three members of our global patent team handling automotive patent litigation and SEP disputes: Katie Feng (China), Joe Raffetto

Asia IP Webinar – Parallel imports: Good, bad or ugly?

Parallel imports may trigger controversial IP issues across the world and can be a headache for brand owners if not addressed strategically. In this webinar, our team of IP lawyers from our Shanghai, Beijing, Hong Kong, Tokyo and Ho Chi Minh City offices will: provide an overview of the situation in China, Hong Kong, Japan and

Huawei v. Samsung — A new benchmark for standard essential patent litigation in China?

China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (“SEPs“) case that is expected to reshape dynamics between the SEP licensors and licensees. On

China’s Advertising Law – That fine is (chest)nuts!

In a recent decision, a Chinese court imposed a fine lower than the statutory range under the Advertising Law of the People’s Republic of China (as amended in 2015) (“Advertising Law“). This suggests that courts retain certain discretion in reducing statutory sanctions under the Advertising Law. This decision, while not binding on other courts and

AI: the future of your brand protection and enforcement strategy

…that’s the view of many of the respondents to our Brand Benchmarking 2018 survey. Over 200 brand owners of all shapes, sizes, industries and locations were surveyed on how they manage their trademark portfolios. Our analysis revealed that: 93% of respondents believe that artificial intelligence (AI) will have a positive influence: saving them time and money. Six of

TMT China Brief – Summer 2018

Welcome to our first issue of TMT China Brief in 2018! This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region. Cybersecurity

Standard essential patents in the automotive industry – LimeGreen Live webinar 21/26 June

Join us on 21 or 26 June for the third in our LimeGreen Live webinar series, in conjunction with Hogan Lovells Automotive and Mobility Industry Sector Group This webinar will explore recent SEP case developments in three key jurisdictions—the U.S., Germany, and China. The presenters include three members of our global patent team handling automotive patent litigation and SEP disputes:

China: Has the dust settled on OEM trademark infringement?

China’s SPC reaffirms that OEM does not infringe on Chinese trademarks In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in its November 2015 landmark ruling in the Pretul case, holding that branded

China issues new rules tightening up on overseas transfers of intellectual property rights

On 29 March 2018, the Chinese State Council released the External Transfer of Intellectual Property Rights Measures (for trial implementation) (the IPR Overseas Transfer Measures) providing for further governmental scrutiny of overseas transfers of IPR from the People’s Republic of China (PRC or China), with a focus on the impact of such transfers on national

Calculating larger patent damages in China by burden shifting

In China, most damages awarded in patent cases are statutory in nature despite the availability of additional options of calculating damages including losses by the plaintiff, profits obtained by the defendant, or where a previous license exists, a royalty rate based on a multiple of the prior license agreement. Nonetheless, given there is no discovery

China announces plan to consolidate administration and enforcement of trademarks, patents and geographic indicators.

The National People’s Congress (“NPC”) is the top legislature and the highest organ of state power in China. The NPC is elected for a term of five years and holds a plenary meeting every year to, among others, determine statue issues, appoint high-level government officials and enact or amend the Constitution or other national laws.

Two wins by the LEGO Group in China against Chinese copycats

The LEGO Group rarely puts itself under the spotlight by talking about litigation but it made an exception by commenting on its recent victories against two Chinese infringers. The IP lawyers behind said victories are from our Shanghai office and its associated office, Hogan Lovells Fidelity, in the Shanghai Free Trade Zone. Two Chinese toy makers (the “defendants”) were jointly

Hong Kong seminar review: What to say and what not to say – navigating the increasingly complex advertising laws

On 30 January 2018, our Hong Kong office hosted an interactive discussion on the increasingly complex legal landscape of advertising activities in Hong Kong and China. Partner Eugene Low and our guest speaker, Dr. Albert Ho, practising barrister and former Assistant Commissioner of the Hong Kong Customs and Excise Department, provided their insights on some

Q&A: Why you should consider registering your copyright in China

While not compulsory, getting a copyright registration in China can offer many benefits to IP owners. This article will give an overview of the copyright registration system in China. Copyright registration is also available in some other Asian countries such as Japan and Vietnam. Why register? Copyright ownership in China arises automatically, upon completion of

Asia IP Webinar – Trademark disputes in Asia: Strategies that can pave your way to success

Having an eye for strategic detail is often a key to winning the IP disputes in Asia, whether you’re enforcing or defending your IP rights. In this webinar, trademark experts from our Shanghai, Hong Kong and Tokyo offices will discuss the strategies to improve your chances in winning the trademark disputes in your jurisdictions. Topics covered during

The China Food and Drug Administration pushes forward on conditional approval and compassionate use of new drugs

On December 20, 2017, the China Food and Drug Administration (“CFDA“) released two draft documents for public comment: (1) Conditional Approval for Urgently Needed Drugs Technical Guidance  (the “Draft Conditional Approval Guidance“); and (2) Compassionate Use of Clinical Trial Drugs Administrative Measures (the “Draft Compassionate Use Measures” and, together with the Draft Conditional Approval Guidance,