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, …
CNIPA’s Reply to the Proposal of Amendment of Trademark Law and Implementation Regulations
In August 2022, the China National Intellectual Property Administration (“CNIPA”) issued a document (available in Chinese here) offering a summary of its proposals to legislative …
In-Sink-Erator Case Demonstrates Chinese Courts’ Increasing Willingness to Punish Trademark Piracy Using the AUCL
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 …
Defensive PRC Trademark Filings Recognized as Legitimate
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 …
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 …
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 …
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 …
The PRC Social Credit System and IP Protection
Introduction The Chinese government is in the process of developing a nationwide “Social Credit System” (社会信用体系) that aims to strengthen compliance by individuals and corporate …
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 …
SPC Guidance on Trademark Registry Cases
On January 10 2017, China’s Supreme People’s Court (SPC) promulgated the final version of provisions that were first circulated for public comment in the autumn …
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. …
Revised Provisions on Well-Known Mark Recognition Issued
Following the recent amendments to the PRC Trademark Law that took effect on May 1 2014, China issued revised Well-Known Mark Recognition and Protection Provisions …
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 …
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