CSCS is Extended to the Field of IPR

China intends to expand the Corporate Social Credit System (CSCS). In the IPR field, it is intended to establish an IPR Credit System to strengthen the protection of rights holders and fight counterfeiters. So far, the application of the CSCS in the field of IPR is still limited to serious infringements of patents and to… Continue reading CSCS is Extended to the Field of IPR

Expansion of Design Protection

An amendment to China’s Patent Law, which comes into effect on June 1, 2021, will provide more protection for designs in the future. Registered designs (design patents) are intended to protect the aesthetic and commercial value of a product, but were previously only valid for ten years. This meant that valuable designs could be legally… Continue reading Expansion of Design Protection

The New Civil Code of the PRC and Intellectual Property

The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property

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

IP Databases Reduce Costs of Infringement Proceedings

COVID-19 also leads to companies paying closer attention to costs when enforcing their intellectual property rights in China. IP databases can help them do this. The analysis of Chinese court decisions in comparable cases enables IP managers and their service providers to correctly assess the case and the opponent and to find the right strategy.… Continue reading IP Databases Reduce Costs of Infringement Proceedings

Intellectual Property in China: More, Faster and Better

The China National Intellectual Property Administration (CNIPA) has presented the registration figures for 2019. Foreign applications of intellectual property in China increased again last year. In 2019, the number of patent applications of inventions filed by foreign applicants reached 157,000, an increase of 6% over the previous year. The number of foreign trademark applications rose… Continue reading Intellectual Property in China: More, Faster and Better

Growth Market Copyright

The rapid development of the Chinese digital economy is also reflected in the area of digital copyrights. In 2018, this hitherto rather exotic market reached a volume of 742.3 billion yuan, an increase of 16.6% over the previous year. This extraordinary increase is not only due to the constant innovations within the digital industries, but… Continue reading Growth Market Copyright

Can Single-Color Trademarks Be Protected in China?

The French designer Christian Louboutin has become world-famous for his iconic shoe design – sky-high heels and red shoe soles. The trademark for the red sole was registered in the Benelux in 2010 and the explicit registration for high-heeled shoes followed in 2013. A few years ago Louboutin went to court against the Dutch subsidiary… Continue reading Can Single-Color Trademarks Be Protected in China?

China and EU: First Steps in Harmonization of IP Protection

The new China National Intellectual Property Administration (CNIPA) and the European Patent Office (EPO) set plans for their future cooperation in Munich on September 21, 2018. It was the first meeting of CNIPA and EPO since the Chinese trademark and patent administration merged into a single administration in August (link to the article). CNIPA is,… Continue reading China and EU: First Steps in Harmonization of IP Protection

The Renaissance of Design

Once regarded as the unbeloved child of IP protection, design is now experiencing a coming of age. While patents and trademarks used to be the essential way of IP protection, the number of global registrations has skyrocketed over the past few years, since companies have become aware of the benefits of designs in their own… Continue reading The Renaissance of Design