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Legislation and Policy

Below you'll find a list of all posts that have been categorized as “Legislation and Policy”

Legislation & Policy

Translation: Notice on the Action Plan for Combating Bad Faith Trademark Registration

SIPS March 25, 2021 Knowledge, Legislation and Policy

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 …

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action planbad faithtrademark lawtranslations
Legislation & Policy

Supreme People’s Court Rules on Punitive Damages in IP Cases

SIPS March 15, 2021 Knowledge, Legislation and Policy

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 …

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punitive damagessupreme people's court
Trademark Enforcement

PRC Bad Faith Registration: Admissibility of Taped Admissions by Pirates – Heineken Invalidation

SIPS February 16, 2021 Knowledge, Legislation and Policy, Trademark Enforcement

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 …

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bad faithevidence admissibility
Legislation & Policy

PRC Litigation: Admissibility of Evidence from Beyond The Great Firewall

SIPS January 15, 2021 Knowledge, Legislation and Policy

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 …

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civil litigationGreat FirewallVPN
Legislation & Policy

Translation: SPC – Trials Concerning Civil Disputes Regarding Food Safety Explanation of Several Issues of Applicable Law

SIPS December 22, 2020 Knowledge, Legislation and Policy

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 …

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civil codecivil litigationfood safety lawtranslations
Legislation & Policy

Translation: Several Regulations on Standardizing the Application and Registration of Trademarks

SIPS December 3, 2020 Knowledge, Legislation and Policy

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, …

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bad faithSAMRtrademark lawtranslations
Legislation & Policy

Translation: Supreme People’s Court Several Provisions on Evidence in Civil Litigation of Intellectual Property

SIPS November 18, 2020 Knowledge, Legislation and Policy

(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 …

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civil litigationcivil procedure lawEvidencetranslations
Legislation & Policy

Translation: SPC Opinions on Strengthening the Protection of Copyright and Neighboring Rights

SIPS November 18, 2020 Knowledge, Legislation and Policy

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 …

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copyrightopinionsupreme people's courttranslations
Legislation & Policy

Translation: SAMR Guiding Opinions on Strengthening the Supervision of Web Live Marketing Activities

SIPS November 6, 2020 Knowledge, Legislation and Policy

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 …

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e-commerce lawguidinglive streamingSAMR
Legislation & Policy

Translation: Measures for the Supervision and Administration of Online Transactions (Draft for Comments)

SIPS October 21, 2020 Knowledge, Legislation and Policy

Published on October 20, 2020 Chapter One General Provisions Article 1 – These Measures are formulated in accordance with relevant laws and administrative regulations in …

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online infringementtranslations
Legislation & Policy

Recognition of Case Precedents under New SPC Guiding Opinions

SIPS October 20, 2020 Knowledge, Legislation and Policy

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 …

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opinionsupreme people's court
Legislation & Policy

Translation: SPC Guiding Opinions on Unifying the Application of Laws and on Strengthening Searches for Similar Cases

SIPS October 20, 2020 Knowledge, Legislation and Policy

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, …

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opinionsupreme people's courttranslations
Legislation & Policy

Translation: Guiding Opinions Issued by the Supreme People’s Court Regarding the Trial of Civil Cases Involving IP Rights on E-commerce Platforms

SIPS September 24, 2020 Knowledge, Legislation and Policy

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; …

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civil litigatione-commerce lawonline infringementsupreme people's courttranslations
Legislation & Policy

Translation: Reply of Supreme People’s Court Regarding Several Questions on the Application of Law in Network IP Infringement Disputes

SIPS September 24, 2020 Knowledge, Legislation and Policy

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 …

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e-commerce lawonline infringementsupreme people's courttranslations
Legislation & Policy

Translation: Zhejiang Province Higher People’s Court No. 3 Tribunal – Guidance on the Determination of IP Trials Involving Online Trade Platforms

SIPS September 24, 2020 Knowledge, Legislation and Policy

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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civil procedure lawe-commerce lawonline infringementtranslationszhejiang higher people's court
Legislation & Policy

Translation: Decision on Amending the Criteria for Launching Formal Investigation into Criminal Cases of Infringement upon Trade Secrets

SIPS September 18, 2020 Knowledge, Legislation and Policy

Supreme People’s Procuratorate and Ministry of Public Security – Decision on Amending the Criteria for Launching Formal Investigation into Criminal Cases of Infringement upon Trade …

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criminal litigationinfringementtrade secretstranslations
Legislation & Policy

Translation: Explanations of Several Issues Concerning the Specific Application of Laws in Deciding Criminal Cases Involving Infringement of IP Rights

SIPS September 15, 2020 Knowledge, Legislation and Policy

Supreme People’s Court and Supreme People’s Procuratorate – Explanations of Several Issues Concerning the Specific Application of Laws in Deciding Criminal Cases Involving Infringement of …

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criminal lawcriminal litigationinfringementtranslations
Legislation & Policy

Translation: Supreme People’s Court’s Opinions on Increasing Sanctions for Intellectual Property Infringement

SIPS September 15, 2020 Knowledge, Legislation and Policy

Issued September 14, 2020 For the purposes of hearing cases properly, strengthening the sanctions on the infringement of intellectual property rights, effectively curbing the infringement …

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infringementsanctions
Legislation & Policy

The New PRC Civil Code and its Impact on IP Rights Holders

SIPS September 4, 2020 Knowledge, Legislation and Policy

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 …

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civil codeinfringement
Legislation & Policy

Reducing Infringement Risks in China following the HONDAKIT OEM Exception Decision

SIPS August 1, 2020 Knowledge, Legislation and Policy

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 …

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hondakitoem exceptionPRC customstrademark piracy
Legislation & Policy

China’s Commitment to IP Protection is Upfront in its Economic and Trade Agreement with the US

SIPS April 3, 2020 Knowledge, Legislation and Policy

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 …

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bad faithe-commerce lawpatentstechnology transfertrade agreementtrade secretstrademark law
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