RCEP and IP: Weakening The Rights Holders, Strengthening The Users

On November 15, 2020, 15 Asian nations signed the agreements of the Regional Comprehensive Economic Partnership (RCEP), establishing the world’s largest free trade zone with 30% of the world’s population, 29% of global GDP and more than 26% of world trade volume. The pact, which will come into force as early as the second half… Continue reading RCEP and IP: Weakening The Rights Holders, Strengthening The Users

Antimonopoly Directive Restrict Intellectual Property

The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (SAMR) has published the Anti-Monopoly Guidelines on Intellectual Property Rights (“IPR Guidelines”). This long-awaited Directive aims to prohibit the use of intellectual property rights if they eliminate or restrict competition. The Guidelines also provide clearer rules and guidance on monopoly of intellectual property rights. Chinese… Continue reading Antimonopoly Directive Restrict Intellectual Property

Parallel Imports: Trademark Infringement Or Unfair Competition?

Parallel imports involve importing legally manufactured original products into China from other countries without authorization from the IPR holder. Until now, Chinese laws, regulations and judicial interpretations have not clearly defined the legitimacy of this practice. But now the Guangzhou Intellectual Property Court has ruled that parallel imports of non-counterfeit products do not constitute trademark… Continue reading Parallel Imports: Trademark Infringement Or Unfair Competition?

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

China Promotes Blockchain for Evidence Preservation

In August 2020, the Chinese Supreme People’s Court published the Opinions on Enhancing Protection of Copyright and Related Rights (Draft for Comments).To improve the evidences rules in intellectual property litigation and help the IP right holders to get more comprehensive protection, especially to solve the difficulty of preserving evidence, this draft encourages the IP right… Continue reading China Promotes Blockchain for Evidence Preservation

China’s Trademarks: The Volumes Grow While Overall Value Lags Behind

Do you recognize all the trademark logos on the picture? They represent some of the most famous Chinese trademarks that are already entering the global top-100 charts of the most valuable trademarks. The volumes of China’s trademark filings have increased dramatically in the recent years, from 26.000 trademark applications in 1981 – a number that… Continue reading China’s Trademarks: The Volumes Grow While Overall Value Lags Behind

Chinese Counterfeiters Mostly Copy Local Brands

Chinese counterfeiters are not only targeting foreign brands. Quite the contrary, as Chinese brands gain in popularity and their value is rising steadily, Chinese counterfeiters do not shy away from copying products of their fellow countrymen. China Weekly reports that Chinese courts have concluded 200,000 cases in 2017 related to IP rights with the number… Continue reading Chinese Counterfeiters Mostly Copy Local Brands