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 …
CNIPA Campaign against Bad Faith Trademark Registration
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 …
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 …
Translation: Notice on the Action Plan for Combating Bad Faith Trademark Registration
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 …
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 …
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 …
Translation: Several Regulations on Standardizing the Application and Registration of Trademarks
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, …
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 …
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 …
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. …
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