On June 11, 2021, the China National IP Administration (CNIPA) issued a draft of its updated Trademark Examination and Review Guidelines (the “Guidelines”) for public …
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 …
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 …
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 …
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 …
Translation: SPC – Trials Concerning Civil Disputes Regarding Food Safety Explanation of Several Issues of Applicable Law
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 …
Translation: Several Regulations on Standardizing the Application and Registration of Trademarks
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, …
Translation: Supreme People’s Court Several Provisions on Evidence in Civil Litigation of Intellectual Property
(November 9, 2020, the Judicial Committee of the Supreme People’s Court. Adopted at the 1815th meeting, effective from November 18, 2020) In order to protect …
Translation: SPC Opinions on Strengthening the Protection of Copyright and Neighboring Rights
In order to effectively strengthen the copyright protection in the fields of literature, art and science, give full play to the role of copyright trials …
Translation: SAMR Guiding Opinions on Strengthening the Supervision of Web Live Marketing Activities
Market supervision bureaus (departments and commissions) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps: In order …
Translation: Measures for the Supervision and Administration of Online Transactions (Draft for Comments)
Published on October 20, 2020 Chapter One General Provisions Article 1 – These Measures are formulated in accordance with relevant laws and administrative regulations in …
Recognition of Case Precedents under New SPC Guiding Opinions
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 …
Translation: SPC Guiding Opinions on Unifying the Application of Laws and on Strengthening Searches for Similar Cases
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, …
Translation: Guiding Opinions Issued by the Supreme People’s Court Regarding the Trial of Civil Cases Involving IP Rights on E-commerce Platforms
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; …
Translation: Reply of Supreme People’s Court Regarding Several Questions on the Application of Law in Network IP Infringement Disputes
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 …
Translation: Zhejiang Province Higher People’s Court No. 3 Tribunal – Guidance on the Determination of IP Trials Involving Online Trade Platforms
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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