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. Depending on …
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 receipt for new application 1 month from application date (e-filings) 2 to 4 months (paper …
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 …
Translation: Notice on the Action Plan for Combating Bad Faith Trademark Registration
CNIPA March 15, 2021 Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps; relevant …
Case Note: Analysis of Brita vs. Kangdian – Shanghai Minhang District Court
This case note provides a summary and analysis of a recent decision by a Shanghai court which awarded damages based on unfair competition against a …
Best Practices for the Prevention of Brand Theft in the People’s Republic of China
Among the most dangerous and costly types of infringement encountered by brand owners in China is the phenomenon of “brand theft”. Brand theft goes far …
Supreme People’s Court Rules on Punitive Damages in IP Cases
On February 7, 2021, the Supreme People’s Court of China (“SPC”) issued Interpretations on the Application of Punitive Damages in Adjudicating Civil Intellectual Property Rights …
PRC Bad Faith Registration: Admissibility of Taped Admissions by Pirates – Heineken Invalidation
Since the introduction in 2019 of amendments to the PRC Trademark Law providing stronger tools for combatting bad faith trademark registrations, Chinese authorities have begun …
PRC Litigation: Admissibility of Evidence from Beyond The Great Firewall
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 …
