The EU has adopted a new regulation for spirits that defines labelling standards and strengthens the protection of geographical indications (GI) compared to trademark rights. It will enter into force after official publication in the Official Journal of the European Union and will be largely applicable until 2021. The new Regulation clarifies the standards for… Continue reading Protection of Geographical Indications
Category: Law
Stricter Control of Experimental Data in China
In the field of pharmaceutical and chemical substances, inconsistencies in the experimental data of a patent application in China can lead to the doubts on patent’s validity. The Higher People’s Court in Peking has decided in multiple cases that submission of incomplete or false data violates the “quid pro quo” principle in disclosing the patent… Continue reading Stricter Control of Experimental Data in China
Can Single-Color Trademarks Be Protected in China?
The French designer Christian Louboutin has become world-famous for his iconic shoe design – sky-high heels and red shoe soles. The trademark for the red sole was registered in the Benelux in 2010 and the explicit registration for high-heeled shoes followed in 2013. A few years ago Louboutin went to court against the Dutch subsidiary… Continue reading Can Single-Color Trademarks Be Protected in China?
Trademark Examination: Is Faster Always Better?
The main issues discussed at the 2019 National People’s Congress were the relationship between the US and China, the New Silk Road, the defense budget and the new draft of the Foreign Investment Law. Improvements in IP protection were also discussed. For example, the already agreed shortening of the examination period for trademark applications from… Continue reading Trademark Examination: Is Faster Always Better?
Food Counterfeiting in China
In Beijing, a three-month major action against food counterfeiters has just ended. The project, initiated jointly by several Beijing authorities, revealed more than 85 hidden workshops and 68 cases of counterfeit food products. Food counterfeit has been a problem in China for many years, a problem which is difficult to control. The consumers are the… Continue reading Food Counterfeiting in China
China’s New E-Commerce Law
In the last 15 years or so, our buying habits changed dramatically with the global rise of online shops like Amazon or German Zalando. In China, e-commerce is even bigger. This is why the country wants stricter regulation of the booming online retail industry and more requirements for e-commerce participants. But does China’s new e-commerce… Continue reading China’s New E-Commerce Law
Webinar Invitation: Pharma and Biotech in China
Changes in legal framework, successful market entry and IP protection Thursday, 29. January 2019 | 10:00 – 11:00 EST / 16:00 – 17:00 CET China is the world’s second largest market for pharmaceuticals and medical devices. Many Western manufacturers are still reluctant in entering the Chinese market. So far, their reasoning often included non-transparent regulations… Continue reading Webinar Invitation: Pharma and Biotech in China
Great Wall of Consequences
China once again tightens the measures against IP rights infringers and strengthens own control over companies and managers. 38 Chinese state-level authorities signed a Memorandum of Understanding (MOU) on December 5, 2018. Central message of the document is that authorities – including the National Intellectual Property Administration and the Supreme People’s Court – are working… Continue reading Great Wall of Consequences
Cybersecurity Law: Company Inspections by the Chinese Police
With a new regulation on the Cybersecurity Law enforcement, China enables the state police, Public Security Bureaus (PSB), to inspect companies in regard to their cybersecurity compliance. The regulation comes into force on November 1, 2018 and aims at Internet providers and “network using companies”. The definition of network using companies however is extremely vague… Continue reading Cybersecurity Law: Company Inspections by the Chinese Police
Cyberspace Regulation: New Cyber Courts and the E-Commerce Law
China further innovates and adapts its legal environment to the challenges of the digital era by opening two cyberspace courts (link to the article) and introducing its new E-Commerce Law (link to the article). At the two new cyberspace courts in Beijing and Guangzhou, highly specialized judges will handle Internet-related cases. The whole procedure will… Continue reading Cyberspace Regulation: New Cyber Courts and the E-Commerce Law
China Intellectual Property Blog 