Crises Fuel Counterfeiting

The global economic weakness and persistent inflation are leading consumers and business customers to deliberately replace originals. To compensate for their current income losses and sales slumps, consumers and businesses are deliberately replacing high-priced originals with cheap copies from China. By replacing, they can significantly reduce their purchasing costs in the difficult economic situation –… Continue reading Crises Fuel Counterfeiting

IP and Data in Franchising in China

Enterprises that want to enter the Chinese market through international franchising should prepare a comprehensive IPR layout in advance and pay attention to data protection in their activities. Although a registered trademark is the most important resource in the franchise system, in addition, the uniform decoration plans of franchise stores, window designs, original advertising slogans,… Continue reading IP and Data in Franchising in China

IP Compliance Guidelines

The Shanghai Pudong New Area Procuratorate has released China’s first intellectual property rights (IPR) compliance guidelines. The goal is to highlight IPR-related risks and drive the establishment of a robust IP compliance system. IP compliance includes patents, trademarks, copyrights, and trade secrets. The guidelines distinguish IPR risks according to their level. For example, changes in… Continue reading IP Compliance Guidelines

China Cracks Down on Bad Faith IP Infringement Cases

The Supreme People’s Court of the PRC is emphasizing the need to step up its crackdown on false and bad faith IP litigation. The relevant document is the “Opinions of the OVG on Strengthening the IP Litigation System to Provide Effective Judicial Services and Ensure the Construction of an IP Stronghold”, published on October 29,… Continue reading China Cracks Down on Bad Faith IP Infringement Cases

Strengthening Design Protection

China joined the Hague Agreement concerning the International Deposit of Industrial Designs (the Hague System for short) on February 5, 2022. This makes it possible to apply for protection of a design in more than 90 countries worldwide simultaneously via one application – including China from May 5, 2022. China’s accession had already been announced… Continue reading Strengthening Design Protection

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