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

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

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

Fighting Trademark Squatting as Unfair Competition

Trademark squatting and trademark hoarding have long been a troublesome problem for many foreign companies in China. Now, a breakthrough has been made in Chinese IP jurisprudence: Trademark rights holders can sue for unfair competition against trademark applications filed in bad faith and obtain injunctive relief and damages.  One precedent is the case of Emerson… Continue reading Fighting Trademark Squatting as Unfair Competition

Crises Fuel Counterfeiting

The global economic weakness and persistent inflation are leading consumers and business customers to deliberately replace originals. To compensate for their current income losses and sales slumps, consumers and businesses are deliberately replacing high-priced originals with cheap copies from China. By replacing, they can significantly reduce their purchasing costs in the difficult economic situation –… Continue reading Crises Fuel Counterfeiting

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

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

IP Protection in the Chinese Metaverse

The topic of IP in the metaverse (metaverse) is gaining importance in China. The drivers are the Chinese technology groups, above all Baidu, Tencent, Alibaba, ByteDance and NetEase, which are currently racing against each other with massive metaverse trademark applications. Tencent alone has filed around 100 applications. Baidu, for example, has applied for the term Metaapp as a trademark, Alibaba for the trademark Ali Metaverse, and NetEase for the NetEase Metaverse. NetEase Group’s trademark applications… Continue reading IP Protection in the Chinese Metaverse

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