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 …
Translation: Decision on Amending the Criteria for Launching Formal Investigation into Criminal Cases of Infringement upon Trade Secrets
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 …
Translation: Explanations of Several Issues Concerning the Specific Application of Laws in Deciding Criminal Cases Involving Infringement of IP Rights
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 …
Translation: Supreme People’s Court’s Opinions on Increasing Sanctions for Intellectual Property Infringement
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 …
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 …
