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
Category: IP
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
China’s Drug Patent Linkage System
Innovation in China’s patent system: On July 4, 2021, the National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) published methods for the early resolution of drug patent disputes. Thus, China now has a system of patent linkage. The patent linkage system links the market approval of generic drugs to the… Continue reading China’s Drug Patent Linkage System
Development Partner for Smart Cities
The concept of Smart Cities is gaining importance in many countries. It aims to, significantly improve efficiency and quality in the areas of urban mobility, communication, shopping and living through the use of networked devices, cloud computing and Big Data. China is very successfully combining embedded sensors, meters, cameras and other surveillance technologies with Big… Continue reading Development Partner for Smart Cities
Alternative Foods Conquer China
Healthy nutrition is becoming increasingly popular among Chinese. This is clearly reflected in the purchase of alternative nutrition products via online platforms – its volume almost doubled in 2020. Around 75% of online consumers of alternative foods are new customers, and most repeat orders are placed within 30 days. The reason for the boom is… Continue reading Alternative Foods Conquer China
Patentability of Software-Related Inventions
Since patents were traditionally intended to protect technical solutions such as those required for mechanical devices, it is still not possible to obtain a patent for a computer program per se. However, there are ways to include software in a patent application. In 2020, the China National Intellectual Property Administration (CNIPA) revised its examination guidelines… Continue reading Patentability of Software-Related Inventions
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