The Chinese government is focusing more on legal certainty in intellectual property and is condensing the network of agencies responsible for IP. Currently, the structure of courts handling IP infringement lawsuits is organized according to the principle of “1 plus 4 plus 22.” Here, the number 1 represents the IP court at the national level,… Continue reading China Expands IP Legal System
Tag: Anti-Counterfeiting
To Punitive Damages by Sending Lawyer’s Letter
In protecting intellectual property rights in China, the effect of a lawyer’s letter is generally limited. Lawyer letters have also been sent with caution because they can have unpleasant side effects. They can not only trigger aggressive countermeasures from the recipient, but also damage the legitimate rights and interests of the opponent, triggering unfair competition… Continue reading To Punitive Damages by Sending Lawyer’s Letter
Strengthening the Brand as ACF Strategy
When legal means have been exhausted in the fight against trademark and product piracy (anti-counterfeiting, ACF) in China, the question arises as to alternative approaches. A sustainable effective ACF strategy to regain control over one’s own brand is to strengthen and consolidate the brand in the Chinese market. In doing so, the brand owner leaves… Continue reading Strengthening the Brand as ACF Strategy
Stricter Criminal Law Punishes Industrial Espionage
China continues to tighten the legal reins in the prosecution of industrial espionage – even for foreign companies. In October 2020, the National People’s Congress published a new draft amendment to China’s criminal law, which includes better protection of trade secrets. In recent months, China has issued a number of amendments to the law or… Continue reading Stricter Criminal Law Punishes Industrial Espionage
Counterfeiting in China: Platform Operators Must Demonstrate Measures
When fighting counterfeiting against online shops, it is often difficult for brand owners in China to identify the manufacturer of the counterfeits and to prosecute him legally. Therefore, the platform operator should also be sued in the lawsuit if he violates legal obligations. According to the Chinese E-commerce Law, the owner of intellectual property right… Continue reading Counterfeiting in China: Platform Operators Must Demonstrate Measures
Covid-19: Protect Supply Chains Now against Counterfeiting
The pandemic not only leads to global markets being flooded with counterfeit medical products. Because suppliers fail, counterfeit brands and products are also penetrating the supply chains of original manufacturers in other segments and replacing the missing original products. It is now important for brand owners to monitor and protect their supply chains. Counterfeiters often… Continue reading Covid-19: Protect Supply Chains Now against Counterfeiting
Deception Package Crawling Services
In the fight against counterfeiting and piracy on the Internet, brand owners must try to identify and eliminate counterfeit manufacturers in the real economy. Those who find illegal sales in Internet marketplaces and online shops with the help of crawling software and only have them deleted manually or automatically cure the symptom. The deleted offers… Continue reading Deception Package Crawling Services
Geographical Indications of Origin: The Protection Agreement Will Come in 2020
New perspectives for combating false claims on food and beverages: The European-Chinese marathon negotiations on the protection of geographical indications of origin have been officially concluded. The agreement, which is still under legal scrutiny and will have to pass through the European Parliament and the Council, will enter into force in 2020. The agreement is… Continue reading Geographical Indications of Origin: The Protection Agreement Will Come in 2020
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
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?
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