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 …
Recent Developments in Combating Bad Faith Trademark Piracy in China
There have been a range of new legislative developments in China attempting to tackle the widespread problem of bad faith trademark piracy, including the following: …
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 Impact of China’s Trademark Law Amendments
On April 23, 2019, China’s National People’s Congress announced the fourth revision to the PRC Trademark Law[i], changes which come into effect on November 1, …
Prosecuting Trademarks in China: An Insider’s Guide for Foreign Brand Owners in 2019 (Part II – Appeals)
In our Insider’s Guide Part I, we shared best practice tips regarding prosecuting trademarks in China. In Part II we will discuss the appeals process, …
Recent Developments in PRC Foreign Investment Law, Cross-border Tech Transfer, and Trade Secrets Laws
March and April 2019 were whirlwinds for foreign IP owners with respect to the legal and regulatory framework in China governing foreign investment, cross-border technology …
PRC Trademark Law Amendment Targeting Bad Faith Registration and Infringements
On April 23, 2019, the Standing Committee of the National People’s Congress (NPC) enacted amendments to the PRC Trademark Law mainly to address bad faith …
Recent Developments in IP Protection in China
Trademark Law Amended The PRC Trademark Law (TML) was amended on April 23, 2019, by the Standing Committee of the National People’s Congress (NPC), with …
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 …
Prosecuting Trademarks in China: An Insider’s Guide for Foreign Brand Owners in 2019 (Part I)
This article is the first of two parts and is intended to provide outsiders with information on recent developments, tips and tricks that are vital …
Draft SIPO Provisions for Addressing Bad Faith Registration in China
On February 14, 2019, the State Intellectual Property Office of China (SIPO) – the parent organization of the Trademark Office (TMO) – published draft regulations …
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 …
Case Note: Analysis of Bayer vs. Li Qing – Hangzhou IP Tribunal
This memorandum summarizes the contents of a recent decision by the Hangzhou IP Tribunal in a civil dispute involving Bayer and its Coppertone sunscreen and …
Trademark Monitoring for the PRC
Limitations of Global Trademark Monitoring Services Global trademark monitoring services offer an invaluable and cost-effective service for identifying marks worthy of consideration for possible oppositions …
Non-Use Cancellations in China – Offensive and Defensive Applications
This article addresses the topic of non-use cancellation (NUC) actions in China, focusing primarily on its offensive uses against third party and/or pirate marks on …
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 …
Best Practices in Protecting Retail Service Marks
The PRC Trade Mark Office (TMO) has had a longstanding policy prohibiting Class 35 service mark coverage for “retail services” and similar descriptions. This policy …
Benefits and Drawbacks of Using Madrid in China
In this article we look at benefits and drawbacks of using the Madrid system to extend international trade mark registrations (IRs) to, as compared with …
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 …
Supply Chain Integrity in China
Protecting trademarks and other IP rights in the supply chain presents growing challenges to companies, in part due to increasing demand by unscrupulous traders seeking …
