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
Category: ACF
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
Repeated trademark infringement: High punitive damages in China
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
IP Crime Conference in Cape Town: Can the Public Sector Keep Up?
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?
Know-How Protection in Pharmaceutical Companies
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
China’s Trademarks: The Volumes Grow While Overall Value Lags Behind
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
Amendments to Chinese Trademark Law: Combatting Bad Faith Applications
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 as Organized Crime
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
Protection of Geographical Indications
The EU has adopted a new regulation for spirits that defines labelling standards and strengthens the protection of geographical indications (GI) compared to trademark rights. It will enter into force after official publication in the Official Journal of the European Union and will be largely applicable until 2021. The new Regulation clarifies the standards for… Continue reading Protection of Geographical Indications
Lego Fakes: USD 30 Million Losses
The case is making international headlines: In April 2019, the police in Shanghai smashed a ring of counterfeiters that manufactured and distributed counterfeit toys made by the Danish company Lego. The goal of the action was the Chinese toy manufacturer Lepin. The police raided three locations with ten assembly lines, which were subsequently closed. This… Continue reading Lego Fakes: USD 30 Million Losses
