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 …
Translation: Explanations of Several Issues Concerning the Specific Application of Laws in Deciding Criminal Cases Involving Infringement of IP Rights
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 …
Translation: Supreme People’s Court’s Opinions on Increasing Sanctions for Intellectual Property Infringement
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 …
The New PRC Civil Code and its Impact on IP Rights Holders
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 …
Updates on the Protection of IP Rights in China: Primary Challenges, Recent Developments and Best Practices
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 …
Reducing Infringement Risks in China following the HONDAKIT OEM Exception Decision
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 …
The Use of Civil Litigation in the PRC as an Effective Form of Dispute Resolution for IP owners
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 …
China’s Commitment to IP Protection is Upfront in its Economic and Trade Agreement with the US
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 …
Enforcement of IP Rights in China – A Primer
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 …
US-China Phase 1 Trade Agreement – What’s in it for Trademark Owners?
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 …
Recent Developments in Combating Bad Faith Trademark Piracy in China
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: …
CCP and State Council Issue Policy Document on IP Protection
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 …
The Impact of China’s Trademark Law Amendments
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, …
Prosecuting Trademarks in China: An Insider’s Guide for Foreign Brand Owners in 2019 (Part II – Appeals)
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, …
Recent Developments in PRC Foreign Investment Law, Cross-border Tech Transfer, and Trade Secrets Laws
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 …
