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: 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 …
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 …
The New PRC Civil Code and its Impact on IP Rights Holders
On 28 May 2020, the Thirteenth National People’s Congress of China adopted the long-awaited “Civil Code” – the most extensive and significant legislation in China’s …
Reducing Infringement Risks in China following the HONDAKIT OEM Exception Decision
Due to widespread trademark piracy in the PRC, manufacturing in China without a locally-registered trademark can often incur serious risk of infringement – even where …
China’s Commitment to IP Protection is Upfront in its Economic and Trade Agreement with the US
Phase 1 of the Economic and Trade Agreement between the United States and China was released on January 15, 2020 (“the Agreement”). The eight-chapter Agreement …
US-China Phase 1 Trade Agreement – What’s in it for Trademark Owners?
On January 15, 2020, the US and China signed a “Phase 1” agreement in furtherance of efforts to resolve their ongoing trade dispute. Chapter 1 …
CCP and State Council Issue Policy Document on IP Protection
On November 24, 2019, the General Office of the Central Committee of the Communist Party of China (CCP) and the State Council jointly issued a …
The PRC Social Credit System and IP Protection
Introduction The Chinese government is in the process of developing a nationwide “Social Credit System” (社会信用体系) that aims to strengthen compliance by individuals and corporate …
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 antitrust issues, data protection, consumer …
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 on foreign companies with operations …
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), with an invitation for public …
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 public comment in the autumn …
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 Competition Law (draft AUCL) for …
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