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Knowledge

Below is a full archive of all SIPS Knowledge articles

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

A Guide to Creating 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
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
Trademark Enforcement

Using Copyright to Battle Trademark Pirates in China

SIPS October 15, 2020 Copyright Registration, Knowledge, Trademark Enforcement

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 …

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copyright lawinvalidationsoppositionstrademark piracy
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
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