On April 23, 2019, the Standing Committee of the National People’s Congress (NPC) enacted amendments to the PRC Trademark Law …
Recent Developments in IP Protection in China
Trademark Law Amended The PRC Trademark Law (TML) was amended on April 23, 2019, by the Standing Committee of the …
Draft SIPO Provisions for Addressing Bad Faith Registration in China
On February 14, 2019, the State Intellectual Property Office of China (SIPO) – the parent organization of the Trademark Office …
China’s New Ecommerce Law: A summary and assessment of IP provisions
China’s new E-commerce Law (“ECL” which entered into effect on 1 January 2019) regulates a wide array of matters, including …
Case Note: Analysis of Bayer vs. Li Qing – Hangzhou IP Tribunal
This memorandum summarizes the contents of a recent decision by the Hangzhou IP Tribunal in a civil dispute involving Bayer …
Trademark Monitoring for the PRC
Limitations of Global Trademark Monitoring Services Global trademark monitoring services offer an invaluable and cost-effective service for identifying marks worthy …
Non-Use Cancellations in China – Offensive and Defensive Applications
This article addresses the topic of non-use cancellation (NUC) actions in China, focusing primarily on its offensive uses against third …
China Set to Expand Data Localization and Security Review Requirements
A draft regulation released on April 11, 2017, by the Cyberspace Administration of China (“CAC”) could have a significant effect …
Best Practices in Protecting Retail Service Marks
The PRC Trade Mark Office (TMO) has had a longstanding policy prohibiting Class 35 service mark coverage for “retail services” …
Benefits and Drawbacks of Using Madrid in China
In this article we look at benefits and drawbacks of using the Madrid system to extend international trade mark registrations …
Draft Ecommerce Law Issued for Public Comment
On December 26 2016, China’s Draft Ecommerce Law was issued by the Standing Committee of the National People’s Congress (NPC), …
SPC Guidance on Trademark Registry Cases
On January 10 2017, China’s Supreme People’s Court (SPC) promulgated the final version of provisions that were first circulated for …
Supply Chain Integrity
Protecting trademarks and other IP rights in the supply chain presents growing challenges to companies, in part due to increasing …
Protecting Your IP on Kickstarter
If you’re crowd-funding a popular product on Kickstarter, there’s a good chance that Chinese pirates have already stolen your idea. …
The Pitfalls of Unregistered Marks
Companies that decide to produce or sell products in mainland China without first having registered their trademarks do so at …
Attacking Pirated Marks Based on Copyright
Copyright offers a potentially powerful tool for addressing piracy in China of logo marks and stylized word marks in the …
How to Register Trademarks in China
Companies large and small are filing more and more trademark applications in China to support product launches. But even companies …
Online Counterfeiting Best Practices
China’s State Council will soon issue a draft of the country’s first E‐Commerce Law for public comment. Provisions of this …
Draft Anti-Unfair Competition Law
On February 25 2016, the Legislative Affairs Office of the State Council released a draft version of an amended Anti-Unfair …
A Guide To China’s New Online Publishing Rules For Foreign Media
This analysis is intended to address a number of concerns that have been raised regarding China’s new Administrative Regulations for Online …
PRC Criminal Law Tackles Data Privacy
This month we take a detour from trademark issues to cover recent developments in data privacy, a subject that has …
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