A landmark ruling in China has found that the purchase of data containing trade secrets can lead to legal consequences. In one specific case, Guangzhou Sanmou Motorcycle, a motorcycle manufacturer, acquired company data from the top ten motorcycle exporters through a contract with a data provider. This data included sensitive information of a competitor, Chongqing… Continue reading Purchase data can be trade secrets
Tag: compensation
Enforcement of Judgments: Freezing assets
It is now well known that counterfeiters of branded or patented products are becoming increasingly sophisticated and that many infringements are often no longer 100% copies, making prosecution more difficult. We are now also observing a new trend in our day-to-day business: Chinese counterfeiters have prepared themselves to owe the compensation due after losing a… Continue reading Enforcement of Judgments: Freezing assets
New Regulation in Patent Law
China strengthens the interests and rights of patent owners, including punitive damages and provisions on abuse of patent rights. In current judicial practice, due to the non-substantive examination for utility model and design applications, malicious applicants apply for and are eventually granted patents that do not meet patent requirements. These malicious applicants then use their… Continue reading New Regulation in Patent Law
Defensive Trademark Application as Inexpensive Brand Protection Strategy
In order to counter the proliferation of bad faith trademark applications by counterfeiters, foreign companies should not only register their own trademarks in China, but also trademarks with similar words, signs and designs as defensive trademarks. Although these defensive trademarks can be cancelled after three consecutive years for non-use, their registration is cheaper than other… Continue reading Defensive Trademark Application as Inexpensive Brand Protection Strategy
BVLGARI Is Recognized as Well-Known Trademark in China
The High People’s Court of Guangdong Province has recognized the BVLGARI / 宝格丽 trademark as a well-known trademark and granted cross-class protection. Between 2013 and 2014, the TASKIN group of companies (德思勤) used the BVLGARI (宝格丽), Baogene and BVLGARI Apartment (宝格丽公寓) trademarks for its commercial property sales service. The use included the use of these… Continue reading BVLGARI Is Recognized as Well-Known Trademark in China
Better Protection through Copyright Law
Copyright is becoming more and more important in China. The number of registrations has been increasing by 20 to 30% for years, the number of software copyrights has even increased by 36% in 2019. This reflects not only the growth in new technologies in areas such as cloud computing, AI or IoT, but also the… Continue reading Better Protection through Copyright Law
Amendments to Chinese Trademark Law: Combatting Bad Faith Applications
The amended Chinese Trademark Law could solve one of the major obstacles in the enforcement of trademark rights in China: trademark squatting, the bad faith registration of trademarks with the intention to sell them later at a high price to the owner of the original trademark. The central new paragraph in Paragraph 4 of the… Continue reading Amendments to Chinese Trademark Law: Combatting Bad Faith Applications
Increased Compensation in IPR Infringement Cases
Tailwind for China’s entrepreneurs: The Supreme People’s Court has released a document that protects the property rights of entrepreneurs and strengthens their autonomy concerning management issues. The Circular on Creating a Favorable Legal Landscape to Facilitate Innovation and the Start-Up of Entrepreneurs by Leveraging the Adjudicatory Function of the Court also includes the protection of… Continue reading Increased Compensation in IPR Infringement Cases
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