Covert Brand Purchasing as an IP Protection Strategy

One does not always have to take legal action to combat a potentially dangerous opposing brand. One option is also to buy this trademark covertly via a middleman function and thus eliminate the threat potential.  The following case from practice: A German mechanical engineering company, which is very successful in China, discovered that there was… Continue reading Covert Brand Purchasing as an IP Protection Strategy

VR for Industry 4.0 in the Chinese Market

Virtual reality for Industry 4.0 is also gaining importance in China. Both areas, VR and I4.0, are important components of China’s strategic planning and are promoted accordingly by the state.  For Western companies, a standardized industry model of a factory of the future could be an option to illustrate the possibilities and advantages of cross-border… Continue reading VR for Industry 4.0 in the Chinese Market

New Year, New Guidance Documents: China Improves IP Protection

The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection

Security, Science and Technology

Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology

Customs Recordation: Trademark protection by customs

China Customs is extremely active in combating trademark counterfeiting. In 2020, the General Administration of Customs seized approximately 56 million products that infringed on intellectual property rights – of which 99.37% infringed on trademark rights. In contrast to this enormous volume of counterfeiting is the fact that many multinational companies are not even aware of… Continue reading Customs Recordation: Trademark protection by customs

Enforcement of Judgments: Freezing assets

It is now well known that counterfeiters of branded or patented products are becoming increasingly sophisticated and that many infringements are often no longer 100% copies, making prosecution more difficult. We are now also observing a new trend in our day-to-day business: Chinese counterfeiters have prepared themselves to owe the compensation due after losing a… Continue reading Enforcement of Judgments: Freezing assets

Lack of Confidentiality Review: CNIPA Declares Patent Invalid

In May 2022, for the first time in Chinese history, a Chinese patent was fully invalidated by the CNIPA examination board (Decision 55586) because the patentee failed to apply for a confidentiality examination before filing the first foreign application. According to Article 20.1 of the Chinese Patent Law, any invention made in or partly made… Continue reading Lack of Confidentiality Review: CNIPA Declares Patent Invalid

Arbitration in the Field of Intellectual Property

To minimize IPR risks and properly resolve cross-border trade disputes, the China International Economic and Trade Arbitration Commission (CIETAC) established the IPR Arbitration Centre in July 2022, specializing in IPR dispute resolution. CIETAC has extensive experience and an outstanding team of experts in the field of IP dispute resolution. In the past five years, CIETAC… Continue reading Arbitration in the Field of Intellectual Property

Establishment of Corporate IP Compliance

In the context of building a dual circulation system and creating a unified domestic market, China is guiding all enterprises to strengthen their compliance management to prevent business risks at home and abroad, promote modernization and transformation, and improve competitiveness. The compliance system is to cover areas such as market transactions, environment, human resources, finance,… Continue reading Establishment of Corporate IP Compliance

NFT Copyright Infringement in China

The protection of intellectual property rights in non-fungible tokens (NFT) is an important element in the process of distribution and trade of digital works. There is now a first case on this in China. In April 2022, the Hangzhou Internet Court held a public hearing on the first NFT infringement case in China. The plaintiff… Continue reading NFT Copyright Infringement in China