China strengthens the interests and rights of patent owners, including punitive damages and provisions on abuse of patent rights. In current judicial practice, due to the non-substantive examination for utility model and design applications, malicious applicants apply for and are eventually granted patents that do not meet patent requirements. These malicious applicants then use their… Continue reading New Regulation in Patent Law
Category: Law
Settlement as A Choice of IP Infringement Case in China
For many foreign companies, after IP infringement is discovered in China, filing a lawsuit to order the infringer to stop infringement and pay damages is the best way to resolve the problem. However, in Chinese judicial practice, settlement negotiations, if used properly, can not only effectively resolve disputes, but can even achieve goals that litigation… Continue reading Settlement as A Choice of IP Infringement Case in China
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
Improved Patent Law in The Pharmaceutical Industry
There is movement in the Chinese pharmaceutical IP: On 17 October 2020, the Standing Committee of the National People’s Congress formally adopted the fourth amendment to the Chinese Patent Law. The new law will enter into force on 1 June 2021 and will be of great importance for pharmaceutical companies in China, as it contains… Continue reading Improved Patent Law in The Pharmaceutical Industry
Antimonopoly Directive Restrict Intellectual Property
The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (SAMR) has published the Anti-Monopoly Guidelines on Intellectual Property Rights (“IPR Guidelines”). This long-awaited Directive aims to prohibit the use of intellectual property rights if they eliminate or restrict competition. The Guidelines also provide clearer rules and guidance on monopoly of intellectual property rights. Chinese… Continue reading Antimonopoly Directive Restrict Intellectual Property
AI-Generated Texts Are as Works Protectable by Copyright
China has a new precedent: the Shenzhen Nanshan Court ruled for the first time in China that AI-generated texts in the form of articles are creative works and thus entitled to copyright protection. In the case, the plaintiff company Shenzhen Tencent Computer System published a financial article on its website entitled Lunch Review: Shanghai Index… Continue reading AI-Generated Texts Are as Works Protectable by Copyright
Parallel Imports: Trademark Infringement Or Unfair Competition?
Parallel imports involve importing legally manufactured original products into China from other countries without authorization from the IPR holder. Until now, Chinese laws, regulations and judicial interpretations have not clearly defined the legitimacy of this practice. But now the Guangzhou Intellectual Property Court has ruled that parallel imports of non-counterfeit products do not constitute trademark… Continue reading Parallel Imports: Trademark Infringement Or Unfair Competition?
Civil Code and Data Protection
The new Chinese Civil Code has been passed by the 13. National People’s Congress on May 28, 2020. It will come into effect on January 1, 2021 and amalgamates and elaborates several pre-existing laws. This laws, including but not limited to the Contract Law, the Rights in Rem Law, the Tort Liability Law and the… Continue reading Civil Code and Data Protection
Unfair Competition With WeChat Data Rights
In China, the first decision on unfair competition with data rights on internet platforms has recently been published. The background: Tencent, the king of social media, owns the data and limited data rights of the 900 million daily users of the app WeChat. It is known that Tencent shares a large part of this data… Continue reading Unfair Competition With WeChat Data Rights
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
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