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 …
Best Practices for the Prevention of Brand Theft in the People’s Republic of China
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 …
Supreme People’s Court Rules on Punitive Damages in IP Cases
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 …
PRC Bad Faith Registration: Admissibility of Taped Admissions by Pirates – Heineken Invalidation
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 …
Partial Judgments and Interim Injunctions in Tandem in China – A Potential Strategy for Frustrated Victims of IP Infringement
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, …
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, …
White Paper: Barriers to Effective Protection of Trademarks in China
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 …
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 …
A Guide to Creating Chinese-Language Trademarks
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 …
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, …
Using Copyright to Battle Trademark Pirates in China
This article examines how foreign rights holders can assert copyright against Chinese pirates who apply to register or use their design trademarks in China. It …
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 …
