For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth.… Continue Reading
On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman … Continue Reading
The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China. This could be a … Continue Reading
The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. In addition to introducing tighter filing requirements and proof of use to combat trademark theft (see my prior blog), it is proposing amendments to the process for determination of a trademark’s … Continue Reading
Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. The document is still under examination and has been disclosed … Continue Reading
China is at the forefront of the AI development race. While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. There are, however, several challenges related … Continue Reading
The author would like to thank John Hodges and Elisa Li for their contributions to this post. The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. Large digital transactions like that of Beeple NFT that sold for $69 million and the ever-mounting numbers … Continue Reading
The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Since then, giant companies all over the world ― especially in the IT, entertainment and fashion businesses ― have begun to launch products and solutions related to the ever developing Metaverse. Fashion brands, artists and entertainers, among others, … Continue Reading
Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. The recycled bottles did not bear the Tsingtao labels and marks, which … Continue Reading
E-commerce platforms are full of Chinese traders selling foreign cosmetic products they purchased at a lower price outside China. These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official … Continue Reading
The Metaverse trademark hype is on. Companies are increasingly focusing their attention on developing Metaverses, and big brands are entering the Metaverse through gaming, social networks and virtual commerce. They need to also secure the appropriate IP rights to protect their brands in this emerging new virtual market place. Fashion brands are thus filing trademark … Continue Reading
On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. The Measures aim at improving the trademark examination system by addressing the national interests and the needs of market players, while maintaining high-quality examination … Continue Reading
In a blog post published in February 2021 (here), we addressed regulatory initiatives from the Chinese government aimed at moving China from a country dependent on “imported” patents (i.e., patents filed by foreign entities) to a country with great autochthone creativity. The initiatives were intended to reduce or eliminate fraudulent and low-quality patent applications and … Continue Reading
In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Without need to prove irreparable damage, a right holder could seek quick relief by filing a simple administrative complaint. Now … Continue Reading
On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in … Continue Reading
Major Product Facility of Counterfeiters Raided in China by Global SPB Team The global trade in counterfeit and pirated goods in 2019 amounted to nearly USD 464 billion. Trade in counterfeit goods is not only a threat to public governance by fueling organized crime and terrorism but harms the business of nearly every industry. Also, … Continue Reading
On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The decision was based on a set of local IP regulations implemented in 2019 to increase protection of intellectual property (IP) rights associated with the booming local innovation in … Continue Reading
Counterfeit electronics coming from China are increasingly problematic for many companies. The proportion that are seized by US customs is miniscule compared to those that make it into the country, despite recent efforts. Raids on the sources of such goods (e.g. a factory) may not help much because, in many cases, other sources can quickly … Continue Reading
We are delighted to share a recent journal article by our China IP expert, Paolo Beconcini, as published in the Review of Intellectual Property Law (RIPL). In this article, Dr. Beconcini provides a thorough and well-documented review of recent changes in China’s regulations on trade secret protection and enforcement. Many of these changes were made in … Continue Reading
In his continued blog series, Dr. Paolo Beconcini and Elisa Li discuss the principles of evidence pertaining to IP disputes in China, including recent and substantial changes to those rules. In China, evidence must be collected prior to the filing of a case, as there is no discovery. The changes address commonly-occurring issues of authenticity, foreign … Continue Reading
As is often the case in China, a critical change in the IP system has taken place without the publicity of a new law but with an internal administrative document hidden on a government website. With an administrative Circular issued on January 27, 2021, the China IP office is rewriting the rules that led to … Continue Reading
In his continued blog series, Dr. Paolo Beconcini examines recent developments in Chinese IP law together with their international causes and consequences. In a first post, he reviews some of the major changes to the Patent Law and assesses their likely impact on foreign businesses in China. In a second post, he reports on the Comprehensive Agreement … Continue Reading
On December 30, 2020, after seven long years of negotiations, China and the EU concluded in principle the negotiations for a Comprehensive Agreement on Investment (CAI). The frayed political and trade relations with the US, as well as Brexit, convinced the EU members to put aside objections related to human rights violations and close the … Continue Reading
Parallel import is not easily tolerated by brand owners. Parallel import products, sometimes referred to as grey market goods, create market distortions, attack the official supply chain, double the risk of product liability and dilute trademarks. Brand-owners know, however, that trademarks are not a viable tool to stop parallel import of foreign cosmetic brands into … Continue Reading
