On August 31, 2018, the Standing Committee of the National People’s Congress (NPC) enacted China’s first “Ecommerce Law”. The new …
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 …
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 …
Assessing China’s Plan to Build Internet Power
When the Chinese Communist Party targeted clean energy in its 11th Five Year Plan (2006-2010), the resulting investment spree upended the global …
Special Campaign on Protection of Disney Trademarks
On October 15, the national authority in China responsible for administrative enforcement of trademarks, the State Administration for Industry and …
OEM Exception to Trademark Infringement
China is one of a handful of countries that permits the production and export of goods that would otherwise be …
Merchandise Licensing: Contractual Arrangements
This is the second part of a two-part article introducing best practices in this sector. The first part focused on …
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