Just last November, the U.S. Department of Justice charged a Chinese employee who had worked for Monsanto with theft of trade secrets for China. The existence of trade secrets is a prerequisite for winning an infringement lawsuit. Although China’s newly revised anti-unfair competition lawhas strengthened the protection of trade secrets, it is still challenging to… Continue reading Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
Shanghai has a new precedent: The court in Pudong, within the framework of a trademark infringement lawsuit, for the first time imposed the maximum possible punitive damages of 3 million RMB at the time of the judgement, which corresponds to almost 390,000 EUR.almost 390,000 EUR. As of December 1, 2019, the statutory punitive damages will… Continue reading Repeated trademark infringement: High punitive damages in China
A clear result of the IP Crime Conference in Cape Town: According to prosecuting authorities, brand and product piracy is becoming increasingly digital and transnational. Counterfeiters today are technologically highly advanced and have a global reach – their products are produced in the country A, transported via the country B and sold in the country… Continue reading IP Crime Conference in Cape Town: Can the Public Sector Keep Up?
Four years have passed since the first proposal of the strategic plan Made in China 2025 (MiC 2025). Although China is toning down the public media coverage and official statements regarding the MiC 2025, the plan is still running. Its goals focus on high-tech areas, including the pharmaceutical industry. The MiC 2025 plan sets ambitious… Continue reading Know-How Protection in Pharmaceutical Companies
Do you recognize all the trademark logos on the picture? They represent some of the most famous Chinese trademarks that are already entering the global top-100 charts of the most valuable trademarks. The volumes of China’s trademark filings have increased dramatically in the recent years, from 26.000 trademark applications in 1981 – a number that… Continue reading China’s Trademarks: The Volumes Grow While Overall Value Lags Behind
The amended Chinese Trademark Law could solve one of the major obstacles in the enforcement of trademark rights in China: trademark squatting, the bad faith registration of trademarks with the intention to sell them later at a high price to the owner of the original trademark. The central new paragraph in Paragraph 4 of the… Continue reading Amendments to Chinese Trademark Law: Combatting Bad Faith Applications
Counterfeiting activities are increasingly carried out by organized crime groups. They concentrate on a single product category, produce higher quality counterfeits and control the entire marketing process. The value chain also includes illegal laboratories and well-trained professionals who can even synthesize medicines. As a result, the supply of specialized counterfeit goods continues to increase. Many… Continue reading Counterfeiting as Organized Crime