The Chinese trademark regime is a first-to-file system. Accordingly, priority is given to the individual or entity that first applies for and registers, rather than …
Fendi Case Provides Solid Justification for Class 35 Filings in Fight Against Parallel Importers in China
Tackling counterfeits can be frustrating and challenging at the best of times. Dealing with their trickier – and more “lawful” – cousin, the parallel imported …
Update on Latest Developments in Respect of Bad Faith Trademark Filings in China
Since the promulgation of 2019 amendments to the PRC Trademark Law, China has made groundbreaking strides in the ensuing two years to curb bad faith …
Recent Developments Regarding Bad Faith Filings in China
The past year has seen a number of encouraging developments for brand owners confronting registry piracy in the PRC, including greater proactivity on the part …
Case Note: Analysis of Brita vs. Kangdian – Shanghai Minhang District Court
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 …
Best Practices for the Prevention of Brand Theft in the People’s Republic of China
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 …
PRC Bad Faith Registration: Admissibility of Taped Admissions by Pirates – Heineken Invalidation
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 …
Partial Judgments and Interim Injunctions in Tandem in China – A Potential Strategy for Frustrated Victims of IP Infringement
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, …
White Paper: Barriers to Effective Protection of Trademarks in China
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 …
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 …
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 …
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 in China
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 …
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