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Knowledge

Below is a full archive of all SIPS Knowledge articles

Legislation & Policy

Retrial Judgment in Fendi Action against Retailer Selling Parallel Imports

SIPS June 22, 2021 Knowledge, Legislation and Policy

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 …

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class 35Fendiretail service marks
Trademark Enforcement

Update on Latest Developments in Respect of Bad Faith Trademark Filings in China

SIPS June 1, 2021 Knowledge, Trademark Enforcement

Since the promulgation of 2019 amendments to the PRC Trademark Law, China has made groundbreaking strides in the ensuing two years to curb bad faith …

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action planassignmentsbad faithBrita
Legislation & Policy

Translation: Online Live Marketing Management Measures

SIPS April 28, 2021 Knowledge, Legislation and Policy

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 …

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live marketingmarketing management measurestranslations
Legislation & Policy

Bad Faith Trademark Registration in China – Rejection of Assignments

SIPS April 20, 2021 Knowledge, Legislation and Policy

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 …

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assignmentsbad faith
Legislation & Policy

CNIPA Campaign against Bad Faith Trademark Registration

SIPS March 31, 2021 Knowledge, Legislation and Policy

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 …

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bad faithCNIPA campaign
Trademark Enforcement

Recent Developments Regarding Bad Faith Filings in China

SIPS March 31, 2021 Knowledge, Trademark Enforcement

The past year has seen a number of encouraging developments for brand owners confronting registry piracy in the PRC, including greater proactivity on the part …

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bad faithinterference letterstrademark law
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
Trademark Enforcement

Case Note: Analysis of Brita vs. Kangdian – Shanghai Minhang District Court

SIPS March 23, 2021 Knowledge, Trademark Enforcement

This case note provides a summary and analysis of a recent decision by a Shanghai court which awarded damages based on unfair competition against a …

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bad faithBritacase note
Trademark Enforcement

Best Practices for the Prevention of Brand Theft in the People’s Republic of China

SIPS March 15, 2021 Knowledge, Trademark Enforcement

Among the most dangerous and costly types of infringement encountered by brand owners in China is the phenomenon of “brand theft”. Brand theft goes far …

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best practicebrand thefttrademark piracy
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
Trademark Enforcement

Partial Judgments and Interim Injunctions in Tandem in China – A Potential Strategy for Frustrated Victims of IP Infringement

SIPS December 8, 2020 Knowledge, Trademark Enforcement

Speaking generally (and almost axiomatically), civil litigation is time consuming. In that regard, China is no exception, particularly where foreign parties are involved. On average, …

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civil litigationinjunctionspartial judgmentssupreme people's court
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
Trademark Enforcement

White Paper: Barriers to Effective Protection of Trademarks in China

SIPS November 25, 2020 Knowledge, Trademark Enforcement

SIPS supports its clients through policy work, including contribution of our team’s time to research projects, position papers, seminars and other initiatives focused on improving …

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bad faithcivil litigationinjunctionsonline infringementtrademark law
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
Trademark Registration

Chinese Language Trademarks

SIPS October 22, 2020 Trademark Registration

The use and registration of Chinese-language trademarks is an essential part of any marketing activity in Greater China. Chinese consumers – particularly in the PRC …

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chinese language marks
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
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