The Chinese trademark regime is a first-to-file system. Accordingly, priority is given to the individual or entity that first applies for and registers, rather than …
2021 Wrap Up – People’s Republic of China IP Developments
The past year saw quite a few encouraging developments in the world of China intellectual property, encompassing developments in both the judicial and administrative spheres. …
Update on Trademark Consent Letters in the PRC
Consent letters and coexistence agreements (referred to herein generally as “consent letters”) are written instruments issued by a prior trademark owner or between two parties, …
Latest Requirements for PRC Trademark License Recordal and De-recordal
It is now possible to record and de-record licenses of registered PRC trademarks through e-filing or paper filing. As indicated below, it is no longer …
Translation: Measures for Data Exit Security Evaluation (Draft for Comments)
On October 29, 2021, the Cyberspace Administration of China issued the “Measures for Data Exit Security Evaluation (Draft for Comments)”. The original text is available …
Goodbye Paper Registration Certificates
On October 12, 2021, the China National IP Administration (CNIPA) formally announced that starting January 1, 2022, only electronic copies of trademark registration certificates will …
Draft Amendment to the PRC E-commerce Law
On August 31, 2021, the State Administration of Market Regulation (“SAMR”) issued draft amendments to the PRC E-commerce Law for public comment. Set out below …
PRC Trademarks: Consent Letters
When handling appeals of rejected applications, administrative authorities and the courts in China have until recently accepted consent letters as persuasive evidence, provided that the …
Fendi Case Provides Solid Justification for Class 35 Filings in Fight Against Parallel Importers in China
Tackling counterfeits can be frustrating and challenging at the best of times. Dealing with their trickier – and more “lawful” – cousin, the parallel imported …
Notice Regarding Potential Pre-action Mediation of Administrative Appeals in China
In August, the Beijing IP Court (BIPC) issued a Notice (available here) that provides for potential pre-action mediation of administrative appeal cases involving application appeals. …
Translation: SAMR Announcement on the Decision on the Amendment of the PRC E-Commerce Law
Announcement of the State Administration for Market Regulation on the Decision on the Amendment of the E-Commerce Law of the People’s Republic of China (Draft …
Defensive PRC Trademark Filings Recognized as Legitimate
Defensive registrations can be a critical tool for securing protection against piracy and preserving business opportunities for new lines of goods and services. This is …
CNIPA Issues Draft Trademark Examination Standards (bilingual)
On June 11, 2021, the China National IP Administration (CNIPA) issued a draft of its updated Trademark Examination and Review Standards (the “Standards”) for public comment. It …
Pendency for Standard PRC Trademark Prosecution Matters
Type of Matter Timeframe for Completion Trademark Office Official filing receipts for new application 1 month from application date (e-filings) 2-4 months (paper filings) Notices …
Translation: Shanghai Rules on Online Enforcement by Platforms
Administrative authorities in Shanghai, led by the Shanghai IP Office, issued a joint notice on June 8, 2021, which sets out suggestions to locally-based trade …
Retrial Judgment in Fendi Action against Retailer Selling Parallel Imports
On March 4, 2021, the Shanghai Higher People’s Court (“Shanghai HPC”) upheld a decision by the Shanghai Intellectual Property Court (“Shanghai IP Court”) which found …
Update on Latest Developments in Respect of Bad Faith Trademark Filings in China
Since the promulgation of 2019 amendments to the PRC Trademark Law, China has made groundbreaking strides in the ensuing two years to curb bad faith …
Translation: Online Live Marketing Management Measures
Online Live Marketing Management Measures (for Trial Implementation) Jointly issued by: Cyberspace Administration of China. The Ministry of Public Security of the People’s Republic of …
Bad Faith Trademark Registration in China – Rejection of Assignments
Over the last few years, the PRC Trademark Office (“TMO”) under the China National IP Administration (“CNIPA”) has adopted a growing range of measures to …
CNIPA Campaign against Bad Faith Trademark Registration
On March 24, 2021, the Chinese National Intellectual Property Administration (“CNIPA”) published an Action Plan for Combatting Bad Faith Trademark Registration (“Action Plan”). See SIPS …
Recent Developments Regarding Bad Faith Filings in China
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 …
