Chinese Patent Flood: AI-Powered Search Tool Helps

The ever-growing flood of Chinese-language patents is causing increasing problems for foreign patent attorneys, corporate research and development teams, and in-house counsel. With traditional patent searches, it is not possible to identify and review all relevant IP rights within an acceptable period of time. Limited keywords do not scan the entire technology breadth and may… Continue reading Chinese Patent Flood: AI-Powered Search Tool Helps

Intentional and Punitive Damages in IPR Infringement

Punitive damages are applicable in all areas of IPR infringement and have been steadily improving in PRC legislation in recent years. It is also part of the latest Five-Year Plan through the government’s stated goal of establishing a comprehensive IPR infringement compensation system. The Judicial Interpretation of Punitive Damages for Intellectual Property Rights to Punish… Continue reading Intentional and Punitive Damages in IPR Infringement

IP Protection in the Chinese Metaverse

The topic of IP in the metaverse (metaverse) is gaining importance in China. The drivers are the Chinese technology groups, above all Baidu, Tencent, Alibaba, ByteDance and NetEase, which are currently racing against each other with massive metaverse trademark applications. Tencent alone has filed around 100 applications. Baidu, for example, has applied for the term Metaapp as a trademark, Alibaba for the trademark Ali Metaverse, and NetEase for the NetEase Metaverse. NetEase Group’s trademark applications… Continue reading IP Protection in the Chinese Metaverse

Burden of Proof and Damage Assessment for Trade Secrets

In the rapidly changing innovative fields of technology, the protection of trade secrets is becoming increasingly important. Legislation in China currently offers different approaches to better protect one’s know-how.  For example, the Interpretation (III) of Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Involving Infringements upon Intellectual Property Rights,… Continue reading Burden of Proof and Damage Assessment for Trade Secrets

IP Protection in New Areas

Intellectual property protection has always been high on the Chinese agenda. For example, the Made in China 2025 strategy aims to transform Chinese enterprises from manufacturers into owners and creators of intellectual property in the global economy. In September and October 2021, China published the Outline of Building an IPR Powerhouse (2021-2035) and the 14th… Continue reading IP Protection in New Areas

China’s Triumph in Robotics

The Middle Kingdom continues to gain ground in the research and development of the robotics industry and can hardly be caught up. This development is clearly visible when looking at the total number of patents in this field. China leads the world in this area by a significant margin, having filed nearly three times as… Continue reading China’s Triumph in Robotics

Beware of Forged Evidence

In China, not only products are counterfeited, but also documents often lack the authenticity required in court. For example, an individual named Zhang filed an application to cancel the Yuanshai food trademark of Tianjin Zhongying Group because the trademark had not been used for three consecutive years. Upon review, the Intellectual Property Office determined from… Continue reading Beware of Forged Evidence

Cancellation of Trademarks Filed in Bad Faith in China

In China, bad faith registration of third-party trademarks is prohibited. Until recently, it was nevertheless difficult to act against trademarks that were no exact copy of the relevant trademark, even if the bad faith was obvious from the point of view of the company concerned. It took a while, but in the meantime the chances… Continue reading Cancellation of Trademarks Filed in Bad Faith in China

Patents and Data: Extraterritorial Effect of Chinese Laws

China’s Five-Year Plan calls for the development of a Chinese-style socialist rule of law that also has an impact abroad. The country is to distinguish itself as a first-choice jurisdiction for resolving cross-border disputes and promote the application of Chinese law abroad. International legal and regulatory norms should be amended and the Chinese legal system… Continue reading Patents and Data: Extraterritorial Effect of Chinese Laws

Chinese Brands Overtake Western Brands

The trend cuts across all sectors: on the Chinese domestic market, many domestic brands are overtaking their foreign competitors in terms of popularity with consumers. These include Li-Ning and Erke in the sportswear sector, Midea and Gree in household appliances, and Perfect Diary and Florasis in the cosmetics markets. Some Chinese brands are now growing… Continue reading Chinese Brands Overtake Western Brands