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Below you'll find a list of all posts that have been tagged as “bad faith”

Legislation & Policy

PRC Trademark Law – Draft Amendment Published for Public Comment

SIPS January 30, 2023 Knowledge, Legislation and Policy

The China National IP Administration (CNIPA) recently published a draft amendment of the PRC Trademark Law for public comment. The changes – which are summarized …

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bad faithdraft amendmentpublic commenttrademark law
Trademark Enforcement

Defensive Trademark Filings in China – Time to Review Strategies?

SIPS December 31, 2022 Knowledge, Trademark Enforcement

Defensive trademark registrations are a critical tool for securing protection against piracy and preserving business opportunities for future lines of goods and services. By their …

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bad faithdefensive filingstrademark law
Legislation & Policy

PRC – Beijing Decision Confirms Right to Compensation of Legal Costs against Bad Faith Filer

SIPS October 25, 2022 Knowledge, Legislation and Policy

Background The Beijing IP Court issued a decision in July 2022 confirming the right to compensation for victims of bad faith trademark registration.  To date, …

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bad faithcase notetrademark law
Legislation & Policy

Recent Developments in Trademark Prosecution in the PRC

SIPS October 12, 2022 Knowledge, Legislation and Policy

This report provides updates on a range of encouraging developments relating to PRC trademark prosecution, including in particular: bad faith registration; the use of consent …

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bad faithconsent lettersdefensive filingse-certificatesfiling statisticsnon-use cancellationspendencyrejectionssuspensions
Trademark Enforcement

In-Sink-Erator Case Demonstrates Chinese Courts’ Increasing Willingness to Punish Trademark Piracy Using the AUCL

SIPS September 1, 2022 Knowledge, Trademark Enforcement

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 …

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anti unfair competition lawAUCLbad faithtrademark law
Legislation & Policy

Defensive PRC Trademark Filings Recognized as Legitimate

SIPS August 31, 2021 Knowledge, Legislation and Policy

Defensive registrations can be a critical tool for securing protection against piracy and preserving business opportunities for new lines of goods and services. This is …

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bad faithdefensive filingsexamination standardstrademark law
Legislation & Policy

CNIPA Issues Draft Trademark Examination Standards (bilingual)

SIPS August 31, 2021 Knowledge, Legislation and Policy

On June 11, 2021, the China National IP Administration (CNIPA) issued a draft of its updated Trademark Examination and Review Standards (the “Standards”) for public comment. It …

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bad faithdefensive filingsexamination standards
Trademark Enforcement

Update on Latest Developments in Respect of Bad Faith Trademark Filings in China

SIPS June 1, 2021 Knowledge, Trademark Enforcement

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 …

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action planassignmentsbad faithBrita
Legislation & Policy

Bad Faith Trademark Registration in China – Rejection of Assignments

SIPS April 20, 2021 Knowledge, Legislation and Policy

Over the last few years, the PRC Trademark Office (“TMO”) under the China National IP Administration (“CNIPA”) has adopted a growing range of measures to …

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assignmentsbad faith
Legislation & Policy

CNIPA Campaign against Bad Faith Trademark Registration

SIPS March 31, 2021 Knowledge, Legislation and Policy

On March 24, 2021, the Chinese National Intellectual Property Administration (“CNIPA”) published an Action Plan for Combatting Bad Faith Trademark Registration (“Action Plan”). See SIPS …

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bad faithCNIPA campaign
Trademark Enforcement

Recent Developments Regarding Bad Faith Filings in China

SIPS March 31, 2021 Knowledge, Trademark Enforcement

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 …

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bad faithinterference letterstrademark law
Legislation & Policy

Translation: Notice on the Action Plan for Combating Bad Faith Trademark Registration

SIPS March 25, 2021 Knowledge, Legislation and Policy

CNIPA March 15, 2021 Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps; relevant …

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action planbad faithtrademark lawtranslations
Trademark Enforcement

Case Note: Analysis of Brita vs. Kangdian – Shanghai Minhang District Court

SIPS March 23, 2021 Knowledge, Trademark Enforcement

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 …

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bad faithBritacase note
Trademark Enforcement

PRC Bad Faith Registration: Admissibility of Taped Admissions by Pirates – Heineken Invalidation

SIPS February 16, 2021 Knowledge, Legislation and Policy, Trademark Enforcement

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 …

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bad faithevidence admissibility
Legislation & Policy

Translation: Several Regulations on Standardizing the Application and Registration of Trademarks

SIPS December 3, 2020 Knowledge, Legislation and Policy

Translation: Several Regulations on Standardizing the Application and Registration of Trademarks (Issued Decree No. 17 of the State Administration for Market Regulation on October 11, …

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bad faithSAMRtrademark lawtranslations
Trademark Enforcement

White Paper: Barriers to Effective Protection of Trademarks in China

SIPS November 25, 2020 Knowledge, Trademark Enforcement

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 …

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bad faithcivil litigationinjunctionsonline infringementtrademark law
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

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
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
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