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Tag Archives: Supreme People’s Court

Key trademark decision secured for ZF before China’s highest court.

A team from our Shanghai IP Agency and Hogan Lovells Fidelity  has recently obtained a remarkable trademark decision for its client ZF and its affiliate ZF TRW Automotive Holdings (“ZF TRW”) before China’s highest court, the Supreme People’s Court (“SPC”). The case revolved around ZF TRW’s opposition action against a trademark application for its brand “TRW,”

China: Are you up-to-date on SPC draft guidelines on patent examination and administrative cases concerning patent rights?

China’s Supreme People’s Court (SPC) recently circulated its Draft “Provisions on Several Issues concerning the Adjudication of Administrative Cases on Granting and Affirming Patent Rights (I)” (最高人民法院关于审理专利授权确权行政案件若干问题的规定(一)). This Draft aims to address issues concerning administrative court adjudication and Patent Review Board (“PRB”) decisions regarding both patent examination and patent validity. The Provisions apply to: patent grant

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’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 welcome trend: China’s Supreme People’s Court rules damages should be proportional to fame in trademark infringement cases

In a recent appeal, China’s Supreme People’s Court (“SPC“) found in favour of Michelin against Sen Tai Da and related parties (“Sen Tai Da“) for trademark infringement. The SPC’s decision is significant in that it authoritatively confirms the emerging trend to take the reputation of a mark into account when determining the level of the

China’s Supreme People’s Court fences in a new generation of Chinese trademark squatters

China’s Supreme People’s Court (“SPC“) handed down its final judgment in the controversial Castel case. This judgment was long-awaited, as it provides the first SPC response to what can be called a ‘new generation’ of worrying trademark squatting cases. In the case at hand, the SPC seems to step up its efforts to fence in

China’s Supreme People’s Court Selects Top 10 Significant IP Cases of 2014

China’s Supreme People’s Court (“SPC“) has published its list of the “top 10 significant IP cases” for 2014, which it has done since 2007. The list includes 1 patent case, 2 trademark cases, 2 copyright cases, 2 unfair competition cases, 1 antitrust case, 1 franchise case, and 1 integrated circuit design case. Although not strictly

Specialized IP courts in China are open for business

As we reported earlier in Specialized IP Courts in Beijing, Shanghai and Guangzhou: Paving the way to more efficient IP litigation?, on August 31, 2014, China’s Standing Committee passed a decision concerning the establishment of specialized IP courts in Beijing, Shanghai and Guangzhou. These three jurisdictions were not picked at random; they are three of

China’s Judiciary Increases IP Savvy

The Chinese courts have long been criticized as unpredictable, but recent trends show the judicial system is gaining expertise in IP, making litigation an easier option to take. There has been an undeniable governmental and judicial focus on IP rights in China over the past decade. The vice president of the Supreme People’s Court of