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Trademark Enforcement

Recent Developments Regarding Bad Faith Filings in China

SIPS January 25, 2021 Knowledge, Trademark Enforcement

The past year has seen a number of encouraging developments for brand owners confronting registry piracy in the PRC, including greater proactivity on the part …

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bad faithinterference letterstrademark law
Legislation & Policy

PRC Litigation: Admissibility of Evidence from Beyond The Great Firewall

SIPS January 15, 2021 Knowledge, Legislation and Policy

A judge from the Guangzhou Internet Court recently published a commentary (available here in the original Chinese) on a case where the 2nd Chamber of …

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civil litigationGreat FirewallVPN
Trademark Enforcement

Pendency for Standard PRC Trademark Prosecution Matters

SIPS January 13, 2021 Knowledge, Trademark Enforcement

Type of Matter Timeframe for Completion Trademark Office Official filing receipt for new application 1 month from application date (e-filings) 2 to 4 months (paper …

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pendencytimeframetrademark prosecution

SIPS Welcomes New Partner Chris Smith

SIPS January 5, 2021 News, SIPS Announcements

China trademark veteran Christopher Smith has joined SIPS as a partner effective January 1, 2021. Chris brings decades of experience in handling PRC trademark prosecution …

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Legislation & Policy

Translation: SPC – Trials Concerning Civil Disputes Regarding Food Safety Explanation of Several Issues of Applicable Law

SIPS December 22, 2020 Knowledge, Legislation and Policy

Law Interpretation (2020) No. 14 Supreme People’s Court Regarding Trials Concerning Civil Disputes Regarding Food Safety Explanation of Several Issues of Applicable Law (1) (October …

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civil codecivil litigationfood safety lawtranslation
Trademark Enforcement

Partial Judgments and Interim Injunctions in Tandem in China – A Potential Strategy for Frustrated Victims of IP Infringement

SIPS December 8, 2020 Knowledge, Trademark Enforcement

Speaking generally (and almost axiomatically), civil litigation is time consuming. In that regard, China is no exception, particularly where foreign parties are involved. On average, …

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civil litigationinjunctionspartial judgmentssupreme people's court
Legislation & Policy

Translation: Several Regulations on Standardizing the Application and Registration of Trademarks

SIPS December 3, 2020 Knowledge, Legislation and Policy

Translation: Several Regulations on Standardizing the Application and Registration of Trademarks (Issued Decree No. 17 of the State Administration for Market Regulation on October 11, …

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bad faithSAMRtrademark lawtranslation
Trademark Enforcement

Barriers to Effective Protection of Trademarks in China

SIPS November 25, 2020 Knowledge, Trademark Enforcement

SIPS supports its clients through policy work, including contribution of our team’s time to research projects, position papers, seminars and other initiatives focused on improving …

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bad faithcivil litigationinjunctionsonline infringementtrademark law
Legislation & Policy

Translation: SPC Opinions on Strengthening the Protection of Copyright and Neighboring Rights

SIPS November 18, 2020 Knowledge, Legislation and Policy

Translation: Supreme People’s Court Opinions on Strengthening the Protection of Copyright and Neighboring Rights Original Chinese available at: https://mp.weixin.qq.com/s/HzuB0d1L7PpTkwyuZqsNDg In order to effectively strengthen the …

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copyrightopinionsupreme people's courttranslation
Trademark Registration

A Guide to Creating Chinese-Language Trademarks

SIPS October 22, 2020 Trademark Registration

The use and registration of Chinese-language trademarks is an essential part of any marketing activity in Greater China. Chinese consumers – particularly in the PRC …

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chinese language marks
Legislation & Policy

Recognition of Case Precedents under New SPC Guiding Opinions

SIPS October 20, 2020 Knowledge, Legislation and Policy

On July 27, 2020, the Supreme People’s Court of China (“SPC”) issued the “Guiding Opinions on Unifying the Application of Laws and on Strengthening Searches …

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opinionsupreme people's court
Legislation & Policy

Translation: SPC Guiding Opinions on Unifying the Application of Laws and on Strengthening Searches for Similar Cases

SIPS October 20, 2020 Knowledge, Legislation and Policy

Translation: Supreme People’s Court Guiding Opinions on Unifying the Application of Laws and on Strengthening Searches for Similar Cases (for Trial Implementation) Effective July 31, …

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opinionsupreme people's courttranslation
Trademark Enforcement

Using Copyright to Battle Trademark Pirates in China

SIPS October 15, 2020 Copyright Registration, Knowledge, Trademark Enforcement

This article examines how foreign rights holders can assert copyright against Chinese pirates who apply to register or use their design trademarks in China. It …

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copyright lawinvalidationsoppositionstrademark piracy
Legislation & Policy

Translation: Guiding Opinions Issued by the Supreme People’s Court Regarding the Trial of Civil Cases Involving IP Rights on E-commerce Platforms

SIPS September 24, 2020 Knowledge, Legislation and Policy

To the Higher People’s Courts of all Provinces, Autonomous Regions and Municipalities directly under the Central Government; the Military Court of the People’s Liberation Army; …

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civil litigatione-commerce lawonline infringementsupreme people's courttranslation
Legislation & Policy

Translation: Reply of Supreme People’s Court Regarding Several Questions on the Application of Law in Network IP Infringement Disputes

SIPS September 24, 2020 Knowledge, Legislation and Policy

The Reply of Supreme People’s Court Regarding Several Questions on the Application of Law in Network IP Infringement Disputes was adopted at the 1810th meeting …

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e-commerce lawonline infringementsupreme people's courttranslation
Legislation & Policy

Translation: Zhejiang Province Higher People’s Court No. 3 Tribunal – Guidance on the Determination of IP Trials Involving Online Trade Platforms

SIPS September 24, 2020 Knowledge, Legislation and Policy

Chapter 1 – Basic Principles In the course of trials for intellectual property cases involving e-commerce platforms, we must adhere to the basic value orientation …

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civil procedure lawe-commerce lawonline infringementtranslationzhejiang higher people's court
Legislation & Policy

The New PRC Civil Code and its Impact on IP Rights Holders

SIPS September 4, 2020 Knowledge, Legislation and Policy

On 28 May 2020, the Thirteenth National People’s Congress of China adopted the long-awaited “Civil Code” – the most extensive and significant legislation in China’s …

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civil codeinfringement
Trademark Enforcement

Updates on the Protection of IP Rights in China: Primary Challenges, Recent Developments and Best Practices

SIPS September 1, 2020 Knowledge, Trademark Enforcement

China has long been a target of criticism for infringement of intellectual property (“IP”) rights. Over the last 20 or so years, China has not …

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bad faithcopyright lawenforcementpatent lawtrade secretstrademark law
Legislation & Policy

Reducing Infringement Risks in China following the HONDAKIT OEM Exception Decision

SIPS August 1, 2020 Knowledge, Legislation and Policy

Due to widespread trademark piracy in the PRC, manufacturing in China without a locally-registered trademark can often incur serious risk of infringement – even where …

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hondakitoem exceptionPRC customstrademark piracy
SIPS Announcement

SIPS Announces New Partner

SIPS July 3, 2020 News, SIPS Announcements

SIPS is pleased to announce the promotion of Joshua Miller to Partner, effective July 1, 2020.  Joshua has been based in the firm’s Shanghai office …

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Trademark Enforcement

The Use of Civil Litigation in the PRC as an Effective Form of Dispute Resolution for IP owners

SIPS July 3, 2020 Knowledge, Trademark Enforcement

Civil litigation can prove an effective form of dispute resolution for intellectual property (“IP”) owners whose rights are violated by the notorious pirates and counterfeiters …

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civil litigationcivil procedure lawenforcement
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