To the Higher People’s Courts of all Provinces, Autonomous Regions and Municipalities directly under the Central Government; the Military Court of the People’s Liberation Army; …
Reply of Supreme People’s Court Regarding Several Questions on the Application of Law in Network IP Infringement Disputes
The Reply of Supreme People’s Court Regarding Several Questions on the Application of Law in Network IP Infringement Disputes was adopted at the 1810th meeting …
Zhejiang Province Higher People’s Court No. 3 Tribunal: Guidance on the Determination of IP Trials Involving Online Trade Platforms
Chapter 1 – Basic Principles In the course of trials for intellectual property cases involving e-commerce platforms, we must adhere to the basic value orientation …
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 …
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 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 …
China’s New Ecommerce Law: A Summary and Assessment of IP Provisions
China’s new E-commerce Law (“ECL” which entered into effect on 1 January 2019) regulates a wide array of matters, including antitrust issues, data protection, consumer …
Draft Ecommerce Law Issued for Public Comment
On December 26 2016, China’s Draft Ecommerce Law was issued by the Standing Committee of the National People’s Congress (NPC), with an invitation for public …
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 …
PRC Criminal Law Tackles Data Privacy
This month we take a detour from trademark issues to cover recent developments in data privacy, a subject that has been the focus of considerable …
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 …
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. …
