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
Tag: Infringement
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
CSCS is Extended to the Field of IPR
China intends to expand the Corporate Social Credit System (CSCS). In the IPR field, it is intended to establish an IPR Credit System to strengthen the protection of rights holders and fight counterfeiters. So far, the application of the CSCS in the field of IPR is still limited to serious infringements of patents and to… Continue reading CSCS is Extended to the Field of IPR
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
The New Civil Code of the PRC and Intellectual Property
The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property
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
IP Databases Reduce Costs of Infringement Proceedings
COVID-19 also leads to companies paying closer attention to costs when enforcing their intellectual property rights in China. IP databases can help them do this. The analysis of Chinese court decisions in comparable cases enables IP managers and their service providers to correctly assess the case and the opponent and to find the right strategy.… Continue reading IP Databases Reduce Costs of Infringement Proceedings
Repeated trademark infringement: High punitive damages in China
Shanghai has a new precedent: The court in Pudong, within the framework of a trademark infringement lawsuit, for the first time imposed the maximum possible punitive damages of 3 million RMB at the time of the judgement, which corresponds to almost 390,000 EUR.almost 390,000 EUR. As of December 1, 2019, the statutory punitive damages will… Continue reading Repeated trademark infringement: High punitive damages in China
GDPR vs. Brand Protection
The GDPR is supposed to make data protection easier and to provide extra protection for EU citizens. In some aspects the GDPR has fulfilled its purpose; in other areas the GDPR makes the protection of those same EU citizens as customers much more difficult. With the GDPR it is a lot more difficult to fight… Continue reading GDPR vs. Brand Protection
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