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Knowledge

Below is a full archive of all SIPS Knowledge articles

Trademark Registration

Prosecuting Trademarks in China: An Insider’s Guide for Foreign Brand Owners in 2019 (Part I)

SIPS March 31, 2019 Trademark Registration

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 …

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chinese language markscopyrightinterference lettersnon-use cancellationstrademark prosecution
Trademark Registration

Draft SIPO Provisions for Addressing Bad Faith Registration in China

SIPS February 19, 2019 Trademark Registration

On February 14, 2019, the State Intellectual Property Office of China (SIPO) – the parent organization of the Trademark Office (TMO) – published draft regulations …

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bad faithinvalidationstrademark lawtrademark piracy
Legislation & Policy

China’s New Ecommerce Law: A Summary and Assessment of IP Provisions

SIPS February 17, 2019 Legislation and Policy

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 …

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counter noticescounterfeitse-commerce lawonline infringementtake-downs
Trademark Enforcement

Case Note: Analysis of Bayer vs. Li Qing – Hangzhou IP Tribunal

SIPS September 12, 2018 Trademark Enforcement

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 …

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bad faithcase notecoppertoneinfringementtrademark piracy
Trademark Enforcement

Trademark Monitoring for the PRC

SIPS April 24, 2018 Trademark Enforcement

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 …

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infringementoppositionstrademark monitoring
Trademark Registration

Non-Use Cancellations in China – Offensive and Defensive Applications

SIPS March 19, 2018 Trademark Registration

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 …

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non-use cancellations
Legislation & Policy

China Set to Expand Data Localization and Security Review Requirements

SIPS May 2, 2017 Legislation and Policy

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 …

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cybersecurity lawtechnology transfertrade secrets
Trademark Registration

Best Practices in Protecting Retail Service Marks

SIPS April 13, 2017 Trademark Registration

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 …

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class 35nice classificationretail service
Trademark Registration

Benefits and Drawbacks of Using Madrid in China

SIPS March 23, 2017 Trademark Registration

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 …

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international registrationmadrid protocolmulti class applicationstrademark prosecution
Legislation & Policy

Draft Ecommerce Law Issued for Public Comment

SIPS February 28, 2017 Legislation and Policy

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 …

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e-commerce lawonline infringementtake-downs
Legislation & Policy

SPC Guidance on Trademark Registry Cases

SIPS February 23, 2017 Legislation and Policy

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 …

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trademark lawtrademark prosecution
Trademark Enforcement

Supply Chain Integrity in China

SIPS December 20, 2016 Trademark Enforcement

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 …

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oem exceptionsupply chain
Trademark Enforcement

Protecting Your IP on Kickstarter

SIPS November 1, 2016 Trademark Enforcement

If you’re crowd-funding a popular product on Kickstarter, there’s a good chance that Chinese pirates have already stolen your idea. As detailed in a recent …

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bad faithinfringementkickstartertrademark piracy
Trademark Registration

The Pitfalls of Unregistered Marks

SIPS September 23, 2016 Trademark Registration

Companies that decide to produce or sell products in mainland China without first having registered their trademarks do so at their own peril. Without a …

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bad faithinfringementoem exceptiontrademark piracy
Trademark Enforcement

Attacking Pirated Marks Based on Copyright

SIPS August 20, 2016 Copyright Registration, Trademark Enforcement

Copyright offers a potentially powerful tool for addressing piracy in China of logo marks and stylized word marks in the context of oppositions and invalidations. …

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bad faithcopyrighttrademark lawtrademark piracy
Trademark Registration

How to Register Trademarks in China

SIPS June 1, 2016 Trademark Registration

Companies large and small are filing more and more trademark applications in China to support product launches. But even companies without immediate plans to sell …

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chinese language marksmadrid protocoltrademark prosecution
Trademark Enforcement

Online Counterfeiting Best Practices

SIPS April 25, 2016 Trademark Enforcement

China’s State Council will soon issue a draft of the country’s first E‐Commerce Law for public comment. Provisions of this proposed law may offer new …

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counter noticescounterfeitse-commerce lawonline infringementtake-downs
Legislation & Policy

Draft Anti-Unfair Competition Law

SIPS March 29, 2016 Legislation and Policy

On February 25 2016, the Legislative Affairs Office of the State Council released a draft version of an amended Anti-Unfair Competition Law (draft AUCL) for …

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anti unfair competition lawcivil litigationenforcement
Technology & Commercial IP

A Guide To China’s New Online Publishing Rules For Foreign Media

SIPS February 21, 2016 Technology and Commercial IP

This analysis is intended to address a number of concerns that have been raised regarding China’s new Administrative Regulations for Online Publishing Services (“Online Publishing Regulations”) and …

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online publishing regulations
Technology & Commercial IP

PRC Criminal Law Tackles Data Privacy

SIPS January 26, 2016 Technology and Commercial IP

This month we take a detour from trademark issues to cover recent developments in data privacy, a subject that has been the focus of considerable …

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criminal lawdata privacyonline infringement
Technology & Commercial IP

Assessing China’s Plan to Build Internet Power

SIPS January 20, 2016 Technology and Commercial IP

When the Chinese Communist Party targeted clean energy in its 11th Five Year Plan (2006-2010), the resulting investment spree upended the global clean energy market almost overnight. …

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cybersecurity lawinternet power
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