The Chinese government is focusing more on legal certainty in intellectual property and is condensing the network of agencies responsible for IP. Currently, the structure of courts handling IP infringement lawsuits is organized according to the principle of “1 plus 4 plus 22.” Here, the number 1 represents the IP court at the national level,… Continue reading China Expands IP Legal System
Category: ACF
To Punitive Damages by Sending Lawyer’s Letter
In protecting intellectual property rights in China, the effect of a lawyer’s letter is generally limited. Lawyer letters have also been sent with caution because they can have unpleasant side effects. They can not only trigger aggressive countermeasures from the recipient, but also damage the legitimate rights and interests of the opponent, triggering unfair competition… Continue reading To Punitive Damages by Sending Lawyer’s Letter
Strengthening the Brand as ACF Strategy
When legal means have been exhausted in the fight against trademark and product piracy (anti-counterfeiting, ACF) in China, the question arises as to alternative approaches. A sustainable effective ACF strategy to regain control over one’s own brand is to strengthen and consolidate the brand in the Chinese market. In doing so, the brand owner leaves… Continue reading Strengthening the Brand as ACF Strategy
Stricter Criminal Law Punishes Industrial Espionage
China continues to tighten the legal reins in the prosecution of industrial espionage – even for foreign companies. In October 2020, the National People’s Congress published a new draft amendment to China’s criminal law, which includes better protection of trade secrets. In recent months, China has issued a number of amendments to the law or… Continue reading Stricter Criminal Law Punishes Industrial Espionage
Counterfeiting in China: Platform Operators Must Demonstrate Measures
When fighting counterfeiting against online shops, it is often difficult for brand owners in China to identify the manufacturer of the counterfeits and to prosecute him legally. Therefore, the platform operator should also be sued in the lawsuit if he violates legal obligations. According to the Chinese E-commerce Law, the owner of intellectual property right… Continue reading Counterfeiting in China: Platform Operators Must Demonstrate Measures
Covid-19: Customers Replace Originals Deliberately by Cheap Fakes
There is a new phenomenon in brand and product piracy: the deliberate replacement of originals. In order to compensate for the loss of sales and income caused by Covid-19, companies and consumers are intentionally replacing expensive originals with cheap Chinese copies. By replacing original branded products, they can significantly reduce their purchasing costs in the… Continue reading Covid-19: Customers Replace Originals Deliberately by Cheap Fakes
Return Fraud for Counterfeit Processors
The American chip manufacturer Intel reports a massive increase in counterfeit Intel CPUs (Central Processing Unit) for the Chinese market. The fakes are sold via e-commerce platforms such as AliExpress or Amazon, and third-party dealers try to smuggle large quantities of fake CPUs into the market by returning (Return Merchandise Authorization, RMA) allegedly original products.… Continue reading Return Fraud for Counterfeit Processors
Covid-19: Protect Supply Chains Now against Counterfeiting
The pandemic not only leads to global markets being flooded with counterfeit medical products. Because suppliers fail, counterfeit brands and products are also penetrating the supply chains of original manufacturers in other segments and replacing the missing original products. It is now important for brand owners to monitor and protect their supply chains. Counterfeiters often… Continue reading Covid-19: Protect Supply Chains Now against Counterfeiting
China’s Social Credit System: Pressure on counterfeiters
The Chinese Social Credit System contains three lists: A (positive) red list, a watch list and a (negative) black list. They already have an impact on companies operating in China. Those on the red list enjoy advantages such as the fast processing of administrative procedures or easier access to credit. Companies whose operations are considered… Continue reading China’s Social Credit System: Pressure on counterfeiters
Stronger Protection for Trade Secrets – But Only with Proper Protection Measures in Place
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
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