One does not always have to take legal action to combat a potentially dangerous opposing brand. One option is also to buy this trademark covertly via a middleman function and thus eliminate the threat potential. The following case from practice: A German mechanical engineering company, which is very successful in China, discovered that there was… Continue reading Covert Brand Purchasing as an IP Protection Strategy
Category: Patents
New Year, New Guidance Documents: China Improves IP Protection
The China National Intellectual Property Administration (CNIPA) released information on the implementation of the Opinions on Strengthening Intellectual Property Protection (关于强化知识产权保护的意见) in late October 2022. They explain how amendments to the 2021 Patent Law will be implemented in practice. In addition, CNIPA aims to complete the revision and concretization of the Patent Law Implementation Rules… Continue reading New Year, New Guidance Documents: China Improves IP Protection
Security, Science and Technology
Political speeches and documents are known to provide valid clues to future developments in the PRC. Analysts therefore try to extract priorities and orientations from the phraseology, word choice, and frequency of terms related to the 20th Party Congress. In doing so, they also take into account minor changes in phrases that have appeared at… Continue reading Security, Science and Technology
Customs Recordation: Trademark protection by customs
China Customs is extremely active in combating trademark counterfeiting. In 2020, the General Administration of Customs seized approximately 56 million products that infringed on intellectual property rights – of which 99.37% infringed on trademark rights. In contrast to this enormous volume of counterfeiting is the fact that many multinational companies are not even aware of… Continue reading Customs Recordation: Trademark protection by customs
Lack of Confidentiality Review: CNIPA Declares Patent Invalid
In May 2022, for the first time in Chinese history, a Chinese patent was fully invalidated by the CNIPA examination board (Decision 55586) because the patentee failed to apply for a confidentiality examination before filing the first foreign application. According to Article 20.1 of the Chinese Patent Law, any invention made in or partly made… Continue reading Lack of Confidentiality Review: CNIPA Declares Patent Invalid
Establishment of Corporate IP Compliance
In the context of building a dual circulation system and creating a unified domestic market, China is guiding all enterprises to strengthen their compliance management to prevent business risks at home and abroad, promote modernization and transformation, and improve competitiveness. The compliance system is to cover areas such as market transactions, environment, human resources, finance,… Continue reading Establishment of Corporate IP Compliance
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
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
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