Counterfeiting as Organized Crime

Counterfeiting activities are increasingly carried out by organized crime groups. They concentrate on a single product category, produce higher quality counterfeits and control the entire marketing process. The value chain also includes illegal laboratories and well-trained professionals who can even synthesize medicines. As a result, the supply of specialized counterfeit goods continues to increase. Many… Continue reading Counterfeiting as Organized Crime

Trade Secrets vs. Patents

Counterfeiting and trade secrets are still the biggest challenges for many IP managers in China. Patents in many industries are now about software, especially in the automotive industry. The biggest challenge is seen in protecting software-related technologies, the problem being patentability. This development corresponds to the task of improving the quality of intellectual property rights.… Continue reading Trade Secrets vs. Patents

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

Small Packages and Complex Routes

Every year, the OECD’s Illicit Trade series study records the current situation of global illegal trade. According to the study, the EU is particularly affected by international trade in counterfeit and pirated products, with around a quarter of all fakes flowing into the European Community in 2016. The counterfeit goods had a value of EUR… Continue reading Small Packages and Complex Routes

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

All Eyes on China

On December 3, 2019 the World Intellectual Property Organisation (WIPO) released its annual report on global IP activities, covering numbers on patents, designs, trademarks and many more for 2017. Like last year (link to article), WIPO’s central message again is: China is playing a leading role amongst global IP offices, especially when it comes to… Continue reading All Eyes on China

China Introduces a National IP and Technology Appeals Court

On October 26, 2018, the Standing Committee of China’s National People’s Congress (NPC) published a Decision which introduces a new nation-wide appeals court for first instance technology and IP cases. The long-awaited step has first been announced in May, 2018 (link to the article) and will come into force on January 1, 2019. Like China’s… Continue reading China Introduces a National IP and Technology Appeals Court