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

Blue Sky Project: Strict Monitoring the Trademark Agencies

In China, the first-to-file principle applies: the first person or company to register a trademark becomes the owner of the trademark. One of the biggest problems of foreign companies is trademark registration in bad faith: usually Chinese companies deliberately register the trademark(s) of a foreign company in order to make a profit from its use… Continue reading Blue Sky Project: Strict Monitoring the Trademark Agencies

The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

China’s 14th five-year plan sets clear signals: Beijing will continue to decouple itself from the Western world, especially from the USA, and become more autonomous in many areas. Imports and supplies from abroad will be reduced, the domestic market strengthened and its own companies protected and promoted – also abroad. The concept of dual circulation,… Continue reading The Great Wall of Patents: Decoupling Strengthens China’s IP Regime

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

Secure Corona Loans with Trademarks and Patents

In China, companies that need short-term liquidity to secure business during and after Covid-19 can easily secure a loan by pledging their intellectual property. Although this method is not new, it is gaining in importance in the crisis. According to the Chinese National Intellectual Property Administration, the total amount of financing through patent and trademark… Continue reading Secure Corona Loans with Trademarks and Patents

Return Fraud for Counterfeit Processors

The American chip manufacturer Intel reports a massive increase in counterfeit Intel CPUs (Central Processing Unit) for the Chinese market. The fakes are sold via e-commerce platforms such as AliExpress or Amazon, and third-party dealers try to smuggle large quantities of fake CPUs into the market by returning (Return Merchandise Authorization, RMA) allegedly original products.… Continue reading Return Fraud for Counterfeit Processors

Covid-19 Accelerates the Creation of Strong Chinese Brands

The Corona crisis is intensifying the Chinese quest for strong brands. In order to increase the consumption of the population and stimulate the weak domestic demand, China now wants to politically promote and accelerate the development of well-known and high-quality Chinese brands. These are intended to help increase the influence of Chinese products and services… Continue reading Covid-19 Accelerates the Creation of Strong Chinese Brands

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

Epidemic-related Trademark Applications are Rejected in China

It was to be expected: In China, in connection with the epidemic, countless individuals and companies are registering trademarks related to Corona. By 16 March 2020, the China National Intellectual Property Administration (CNIPA) had received more than 1,580 trademark applications in this regard, 328 of which were rejected. CNIPA rejects trademark applications such as “火神山”,… Continue reading Epidemic-related Trademark Applications are Rejected in China