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
Tag: IP
Strengthening Design Protection
China joined the Hague Agreement concerning the International Deposit of Industrial Designs (the Hague System for short) on February 5, 2022. This makes it possible to apply for protection of a design in more than 90 countries worldwide simultaneously via one application – including China from May 5, 2022. China’s accession had already been announced… Continue reading Strengthening Design Protection
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
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
China’s Transformation of Society: Luxury Brands Are at Risk
China’s new policy of transforming society toward greater common good is leading Western suppliers of luxury brands to think strategically. Could it be that foreign luxury brands will be considered too individualistic, capitalistic and decadent by the political leadership in the future and therefore controlled or even thwarted? The government’s crackdown on celebrity culture and… Continue reading China’s Transformation of Society: Luxury Brands Are at Risk
Burden of Proof and Damage Assessment for Trade Secrets
In the rapidly changing innovative fields of technology, the protection of trade secrets is becoming increasingly important. Legislation in China currently offers different approaches to better protect one’s know-how. For example, the Interpretation (III) of Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Involving Infringements upon Intellectual Property Rights,… Continue reading Burden of Proof and Damage Assessment for Trade Secrets
IP Protection in New Areas
Intellectual property protection has always been high on the Chinese agenda. For example, the Made in China 2025 strategy aims to transform Chinese enterprises from manufacturers into owners and creators of intellectual property in the global economy. In September and October 2021, China published the Outline of Building an IPR Powerhouse (2021-2035) and the 14th… Continue reading IP Protection in New Areas
China’s Triumph in Robotics
The Middle Kingdom continues to gain ground in the research and development of the robotics industry and can hardly be caught up. This development is clearly visible when looking at the total number of patents in this field. China leads the world in this area by a significant margin, having filed nearly three times as… Continue reading China’s Triumph in Robotics
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
China Intellectual Property Blog 