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 …
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 …
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 …
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: …
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, …
PRC Trademark Law Amendment Targeting Bad Faith Registration and Infringements
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 …
Recent Developments in IP Protection in China
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 …
Case Note: Analysis of Bayer vs. Li Qing – Hangzhou IP Tribunal
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 …
Trademark Monitoring for the PRC
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 …
Supply Chain Integrity
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 …
Protecting Your IP on Kickstarter
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 …
Attacking Pirated Marks Based on Copyright
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. …
Online Counterfeiting Best Practices
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 …
OEM Exception to Trademark Infringement
China is one of a handful of countries that permits the production and export of goods that would otherwise be deemed infringing of trademarks owned …
Alibaba Reforms Taobao Enforcement Policies
On January 6 Alibaba announced a revamp of its TaoProtect online policing system which applies to its online sales portals www.taobao.com and www.tmall.com. Both are Chinese-language trade platforms, the prior ostensibly C2C
New Measures to Address Online Counterfeiting
There are clear indications that Chinese government authorities are taking more concerted actions to address online infringements of IP rights, as illustrated by new campaigns …
Bad Faith Trademark Filings in China
This article provides information on strategies and best practices in dealing with bad faith trademark filings in China. The scenario is by now all too …
How to Tackle Online Counterfeiting
The ever-growing accessibility, convenience and anonymity offered by e-commerce has permitted counterfeiters to rapidly shift their business models – in some cases entirely – online. …
PRC Customs Recordal and Enforcement
Customs Recordal Recordable Subject Matter Trademarks registered in China. Patents (including designs, inventions and utility models) issued by SIPO. Any copyright subject matter (provided the …
