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Knowledge

Below is a full archive of all SIPS Knowledge articles

Legislation & Policy

Translation: Explanations of Several Issues Concerning the Specific Application of Laws in Deciding Criminal Cases Involving Infringement of IP Rights

SIPS September 15, 2020 Knowledge, Legislation and Policy

Supreme People’s Court and Supreme People’s Procuratorate – Explanations of Several Issues Concerning the Specific Application of Laws in Deciding Criminal Cases Involving Infringement of …

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criminal lawcriminal litigationinfringementtranslations
Legislation & Policy

Translation: Supreme People’s Court’s Opinions on Increasing Sanctions for Intellectual Property Infringement

SIPS September 15, 2020 Knowledge, Legislation and Policy

Issued September 14, 2020 For the purposes of hearing cases properly, strengthening the sanctions on the infringement of intellectual property rights, effectively curbing the infringement …

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infringementsanctions
Legislation & Policy

The New PRC Civil Code and its Impact on IP Rights Holders

SIPS September 4, 2020 Knowledge, Legislation and Policy

On 28 May 2020, the Thirteenth National People’s Congress of China adopted the long-awaited “Civil Code” – the most extensive and significant legislation in China’s …

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civil codeinfringement
Trademark Enforcement

Updates on the Protection of IP Rights in China: Primary Challenges, Recent Developments and Best Practices

SIPS September 1, 2020 Knowledge, Trademark Enforcement

China has long been a target of criticism for infringement of intellectual property (“IP”) rights. Over the last 20 or so years, China has not …

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bad faithcopyright lawenforcementpatent lawtrade secretstrademark law
Legislation & Policy

Reducing Infringement Risks in China following the HONDAKIT OEM Exception Decision

SIPS August 1, 2020 Knowledge, Legislation and Policy

Due to widespread trademark piracy in the PRC, manufacturing in China without a locally-registered trademark can often incur serious risk of infringement – even where …

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hondakitoem exceptionPRC customstrademark piracy
Trademark Enforcement

The Use of Civil Litigation in the PRC as an Effective Form of Dispute Resolution for IP owners

SIPS July 3, 2020 Knowledge, Trademark Enforcement

Civil litigation can prove an effective form of dispute resolution for intellectual property (“IP”) owners whose rights are violated by the notorious pirates and counterfeiters …

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civil litigationcivil procedure lawenforcement
Legislation & Policy

China’s Commitment to IP Protection is Upfront in its Economic and Trade Agreement with the US

SIPS April 3, 2020 Knowledge, Legislation and Policy

Phase 1 of the Economic and Trade Agreement between the United States and China was released on January 15, 2020 (“the Agreement”). The eight-chapter Agreement …

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bad faithe-commerce lawpatentstechnology transfertrade agreementtrade secretstrademark law
Trademark Enforcement

Enforcement of IP Rights in China – A Primer

SIPS March 31, 2020 Knowledge, Trademark Enforcement

The impact of fakes on global trade cannot be underestimated. Statistics from the OECD and the EU’s Intellectual Property Office estimate that worldwide, trade in infringing …

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best practicec&dcounterfeitsenforcementonline infringementtake-downs
Legislation & Policy

US-China Phase 1 Trade Agreement – What’s in it for Trademark Owners?

SIPS January 21, 2020 Legislation and Policy

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 …

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bad faithcounterfeitse-commerce lawenforcementinjunctionsonline infringementtrade agreement
Trademark Enforcement

Recent Developments in Combating Bad Faith Trademark Piracy in China

SIPS December 12, 2019 Trademark Enforcement

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: …

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bad faithtrademark lawtrademark piracy
Legislation & Policy

CCP and State Council Issue Policy Document on IP Protection

SIPS November 28, 2019 Knowledge, Legislation and Policy

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 …

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bad faithe-commerce lawinfringementtrade secretstrademark law
Trademark Enforcement

The Impact of China’s Trademark Law Amendments

SIPS August 31, 2019 Trademark Enforcement

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, …

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bad faithinvalidationsoppositionstrademark lawtrademark piracy
Trademark Registration

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

SIPS June 30, 2019 Trademark Registration

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, …

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appealsnon-use cancellationstrademark prosecution
Technology & Commercial IP

Recent Developments in PRC Foreign Investment Law, Cross-border Tech Transfer, and Trade Secrets Laws

SIPS May 1, 2019 Knowledge, Technology and Commercial IP

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 …

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foreign investment lawlicensingtechnology transfertrade secrets
Trademark Enforcement

PRC Trademark Law Amendment Targeting Bad Faith Registration and Infringements

SIPS April 29, 2019 Trademark Enforcement

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 …

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bad faithenforcementinfringementtrademark lawtrademark piracy
Trademark Enforcement

Recent Developments in IP Protection in China

SIPS April 29, 2019 Trademark Enforcement

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 …

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bad faithe-commerce lawonline infringementtrademark law
Legislation & Policy

The PRC Social Credit System and IP Protection

SIPS April 4, 2019 Knowledge, Legislation and Policy

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 …

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infringementsocial credit systemtrademark law
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
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