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 …
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 …
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, …
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 …
Draft SIPO Provisions for Addressing Bad Faith Registration in China
On February 14, 2019, the State Intellectual Property Office of China (SIPO) – the parent organization of the Trademark Office (TMO) – published draft regulations …
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 …
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 …
The Pitfalls of Unregistered Marks
Companies that decide to produce or sell products in mainland China without first having registered their trademarks do so at their own peril. Without a …
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. …
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 …
PRC Trademark Law Revisions in Force
Revisions to the PRC Trade Mark Law entered into effect on May 1 2014. They offer some potentially valuable weapons for addressing registry pirates as …
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 …
