Meeting with Berggren, we engaged in a fruitful discussion about the European Unified Patent Court (UPC).
The "Strategies for Chinese Cross-Border E-commerce Facing Litigation in the USA" seminar was successfully held by Zhi Heng Law Firm, CAASA and SZCBEA in Shenzhen on 29 October 2024. Borsam IP and Gottesman Legal PLLC were invited to attend.
Congratulations to Borsam Intellectual Property for being included in the prestigious list of 2024 Top 600 Trademark Agencies in China
To protect the legitimate rights of patent holders, China introduced a patent term compensation system in the fourth amendment of the Patent Law.
This seminar provided valuable assistance to member enterprises engaged in foreign trade, overseas investment, and international operations by helping them regulate and manage overseas compliance and patent protection. It also laid a solid foundation for companies intending to expand their business abroad, supporting them in better protecting themselves in overseas markets.
In China, GUI design is protectable under patent law, marking a significant evolution in how we safeguard digital innovation.
The China National Intellectual Property Administration (CNIPA) issued a notice on August 6, 2024, regarding the adjustment of certain patent fee standards and reduction policies. The notice includes six relevant provisions.
The themed salon on "Strategy for IP Portfolio Building and Enforcement in Europe and the United States", hosted by Borsam Intellectual Property, was successfully held on the afternoon of August 13, 2024.
On the afternoon of July 24, 2024, the special seminar titled "Sailing Together for Success: Cross-Border E-Commerce Strategies for Global Expansion" was successfully held, organized and hosted by the SZCBEA, Borsam Intellectual Property and the fast fashion retailer brand SHEIN.
Nanyang Law LLC Visited Borsam Intellectual Property
CNIPA recently issued announcement on revision of patent certificates. For patents with announcement dates of granting on or after June 1st, 2024, the CNIPA will issue new versions of patent certificates.
Filing a design application under the Hague system is a relatively convenient and efficient foreign filing method for design patents. Applicants file a single application with WIPO, designating the countries where they want protection. This is more efficient than separate applications in each country. China joined the Hague System in May 2022. With China now a contracting party, Hague application filings designating China are increasing. Some of these have already been granted protection. For applicants using the Hague route for China, three key documents are important to track.
For international trademark application through the Madrid System, receiving a certificate from the International Bureau doesn't mean successful trademark registration but indicates that the application meets the necessary requirements. CNIPA does not provide registration certificates after the approval of a Madrid international application. This situation raises an essential question: How can you validate your exclusive trademark rights when enforcing them in China? The answer lies in obtaining a certified copy of a trademark registration certificate in China.
On September 4, 2023, China’s National Intellectual Property Administration (CNIPA) released the Typical Cases of Abnormal Patent Applications (非正常专利申请典型案例). These Typical Cases “warn irregular patent application actors, and promote the improvement of patent application quality” per CNIPA. As China moves from quantity to quality, China’s National Intellectual Property Administration (CNIPA) has been rejecting patent applications for being irregular or abnormal, including almost 1 million patent applications in 2022. This move from quantity to quality may also be behind the 25% decline in utility model patent grants in 2023 H1 while invention patent grants were up 10%. A translation of the Typical Cases follows.
The amended "Guidelines for Patent Examination", which came into effect on November 1, 2019, added a section "8. Sequence of Examination" to Chapter 7 of Part V. In this section, two special circumstances of "priority examination" and "deferred examination" are further stipulated. These two situations happen to be one fast and one slow. Priority examination is a procedure for accelerating the examination of patent applications that meet the conditions; on the contrary, deferred examination is a procedure for postponing the examination of invention applications and design applications at the request of the applicant. This article will tell you what is delayed review.
On July 27, 2023, China’s National Intellectual Property Administration (CNIPA) released the 2023 Outline for Building a Powerful Intellectual Property Country and Implementation Promotion Plan of the 14th Five-Year Plan (2023年知识产权强国建设纲要和“十四五”规划实施推进计划).
Please note! Although the corresponding examination standards of Chinese partial design patent have not been published yet, but related grant announcements have already emerged. This indicates that the applicants who want to file the partial design in China but have concerns about the unknown Examination time can dispel their worries now and file the partial design when they are ready.
Per a press conference on July 18, 2023, Hu Wenhui, deputy director of the China National Intellectual Property Administration (CNIPA), stated: In the first half of the year, a total of 433,000 invention patents and 1.104 million utility models were granted. Further, 35,000 PCT international patent applications were filed; 33,000 patent reexamination cases were concluded, and 4,433 invalidation cases were concluded. Chinese applicants submitted a total of 957 international design applications through the Hague System. Compared with the first half of 2022, this represents a 25% drop in utility model grants and 10% increase in invention patent grants. Design patent grants also dropped 10%.
On June 25, the China National Intellectual Property Administration(CNIPA) issued a notice to increase fees in RMB for the international phase of PCT applications.
In recent years, multinational corporations have faced trademark challenges in strategic markets, with Apple being no exception. Despite their meticulous brand management, Apple encountered trademark registration issues with the latest released product Vision Pro in China.
With the easing of the pandemic, there has been a surge in domestic international exhibitions, attracting the attention of many foreign friends. The arrival of them in China has promoted international exchanges. Recently, colleagues from abroad have visited Borsam.
On May 28 2023 China’s National Intellectual Property Administration (CNIPA) released the Key Points of the Work of the CNIPA in 2023 (国家知识产权局2023年工作要点).
CNIPA has been committed to protecting the rights of trademark holders and preventing malicious trademark registration. Recently CNIPA issued a notification regarding malicious registration, which has become a growing concern for businesses and trademark holders.
With the widespread application of virtual reality and artificial intelligence in our life, the protection for the graphical user interface has also received more attention. GUI design patents have been recognized as a type of design patent in China since 2014, and they are protected under the same legal framework as traditional design patents. This article will provide a brief introduction to the protection of Graphical User Interface (GUI) design patents in China.
Innovation has become a critical driver of global economic development, with technological advancements such as AI, big data, cloud computing, and block chain paving the way for new waves of innovation in the Digital Age and Deep Science.
Courts increase penalties for offenders in high-tech areas Innovators in China have been given stronger protection over the past five years, thanks to greater judicial efforts in the intellectual property rights field, the country's top court and top procuratorate said.
Background According to judgement released on June 17 by Beijing Higher People’s Court, Huawei Technologies won the ‘H’ logo trademark dispute with US sports equipment brand Under Armour.
On January 18, 2023 China’s Supreme People’s Court and China’s Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (Draft for comments) (关于办理侵犯知识产权刑事案件适用法律若干问题的解释（征求意见稿)). The Interpretation mainly sets thresholds for determining criminal prosecution, e.g., when there are “serious circumstances” in trademark infringement. The Interpretation will replace earlier Interpretations including the 2020 Interpretation.
A trademark opposition case has aroused people's attention. A famous cosmetic brand filed an opposition against a trademark in class 14 for the reasons that the trademark is identical to the founder and owner's name, Jeffree star. Jeffree star is a well-known YouTuber, makeup artist, and entrepreneur. He founded the cosmetic brand in 2014. Through his promotion, he got success.
China recorded a stable growth of patents and trademarks applied by foreign entities last year, showing intellectual property was playing a bigger role in promoting the country's high-quality opening-up, IP regulators said.
When facing a trademark dispute, many companies may choose to file an invalidation request rather than file a cancellation request to protect their interests. But this time, ANNA SUI CORP. filed a request for the cancellation to trademark “ANNA SUI” in class 43, which has aroused people’s attention.
China leads the world with 4.21 million valid registered patents in 2022
HOLIDAY NOTICE--SPRING FESTIVAL--2023
Most of the countries have trademark opposition procedure. However, some countries and areas adopt “examination after publication completed”, and some adopt “publication after examination completed”, like Mainland China and Hong Kong. Though Hong Kong is a part of China, the trademark system has differences between Mainland China and Hong Kong. We will make a brief comparison about trademark opposition procedure.
China launched its first national-level secondary trading platform for digital assets on the first day of 2023, aiming to support trade of intellectual property, digital copyrights and digital collections.
With best wishes for a happy New Year！
Intellectual property, as a kind of property right, has the value of use and exchange . With the increase of the value of intellectual property rights, more and more attention to intellectual property rights guarantees will be paid by society.
Wishing you and your family a very merry Christmas.
A recent report showed that China had secured top spot in terms of global patent filings in 2021, way ahead of all other countries, which highlighted its strong impetus in building an innovation-oriented country.
A trademark divisional application is often filed when the applied trademark is partially refused on the part of the designated goods/services. The divisional application aims to divide the original application into two, of which the approved application can be published for opposition first, and the refused part will be independently reviewed if the applicant files an appeal.
On December 2, 2022, the Trademark Office the China National Intellectual Property Administration (CNIPA) announced the “Cracking Down on Malicious Registration of Trademarks such as “World Cup” and “Raib” in accordance with the law” (关于依法打击恶意抢注“世界杯” “拉伊卜”等商标注册的通告). Per CNIPA, a small number of enterprises and natural persons maliciously registered trademarks of hot words and logos such as “World Cup,” names of famous football stars, and World Cup mascots “LAEEB” and “Raib,” which violated social and public interests. Accordingly, CNIPA rejected 26 trademark registrations and cancelled 1 trademark ex officio.
Recently, the Legal 500, a well-known legal rating agency, released the 2023 list of Chinese jurisdictions in the Asia-Pacific region. With high-quality service team, and concept of field segmentation and scientific formulation, Borsam IP was successfully selected in the "Firms to Watch" list in the field of intellectual property.
According to Article 64 of the Chinese Patent Law, the extent of protection of the patent right for design shall be determined by the design of the product as shown in the drawings or photographs, and the brief explanation may be used to interpret the design of the product as shown in the drawings or photographs.. Except for the typical orthographic projection of six-sided views, there may also be several other views for a design patent application: view of the state in use, varied states view, and reference view of the state in use. Not all above said views or photos can be used to determine the protection scope of the design patent. In practice, the view of the state in use and the reference view of the state in use are often confused. However, the reference view of the state in use is not the same as the view of the state in use.
Happy ThanksgivingDay ! May all the good things of life be yours, not only at Thanksgiving but throughout the coming year.
Facebook announced to rebrand its parent company name into “Meta” last year, implying this tech giant’s new development trend to metaverse. Before the official announcement of the new name, the word and graphic combination has been applied for trademark registrations in China in all 45 Nice Classes under a Hong Kong company. Before launching a brand in China, there is actually a lot of preparatory work to be done on the trademark.
China to Release Revised Implementing Regulations of the Patent Law and the Guidelines for Patent Examination by end of December 2022
We all know that China allows multiple designs in the same design patent application, which mainly include the following three types: 1) similar designs of the same product, 2) designs of the products in set and 3) designs of the combination product. This article will introduce in detail what are products in set and the related requirements of designs of the products in set.
Over 400 Chinese companies’ bids to trademark the name of Chinese Olympic athelets and the Beijing 2022 Winter Olympics mascots Bing Dwen Dwen and Shuey Rhon Rhon were refused and 20 registered trademarks using Chinese celebrity skier Eileen Gu’s name were invalidated by the Trademark Office of the China National Intellectual Property Administration (CNIPA)...
On January 27, 2022, the China National Intellectual Property Administration (CNIPA) released a Notice titled “Blue Sky” special rectification campaign of the intellectual property agency industry has achieved positive results in 2021. The Blue Sky campaign aims to crack down on illegal IP agency behavior in China such as abnormal (irregular) patent applications and malicious trademark applications.
On February 5, 2022, the World Intellectual Property Organization (WIPO) announced that China joined the Hague System for the International Registration of Industrial Designs effective May 5, 2022. The Government of China deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement on February 5, 2022.
In the past three years, 148 cases of intellectual property rights infringement were tried and closed with punitive damages awarded by people's courts at different levels in China's Guangdong province. Of the total, 67 cases were tried and closed in 2021 alone, with the largest award of 30 million yuan ($4.7 million) in damages.
Borsam Intellectual Property will be temporarily closed from January 29, 2022, to February 6, 2022, for the Chinese Lunar New Year Holiday.
On January 20, 2022, the China National Intellectual Property Administration (CNIPA) released the 14th Five-Year Plan for Patent and Trademark Examination. The Plan specifies development goals and indicator to reach by 2025. Of particular note for patent practitioners is the goal to reduce the patent examination cycle from an average of 20 months to 15 months and the potential adding of a preliminary examination for inventiveness in utility models.
On January 18, 2022, the China National Intellectual Property Administration (CNIPA) released the Measures for Rapid Examination of Trademark Applications (for Trial Implementation) that provides for examination of certain trademark applications within 20 days of approval of a request to participate. The Measures are effective immediately.
China has been speeding up its legislative efforts in protecting trademark rights and improving its trademark administration. In 2021, China issued a number of new rules and regulations on trademark practice.
The China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Establishment of Resident Representative Offices in China by Foreign Patent Agencies...
At the National Meeting of Directors of Intellectual Property Offices held on January 6, 2022, China National Intellectual Property Administration (CNIPA) Director Shen Changyu released some initial data on 2021 intellectual property grants.
The main purpose of patent priority is to give the same applicant a security period for filing a patent application on the same subject in different countries, excluding the possibility for plagiarists to file a preemptive application and obtain a patent.
Dear Clients and Associates, the Chinese trademark office and patent office as well as our office will be closed from January 1, 2022 to January 3, 2022 due to the New Year's Day.
China's National Bureau of Statistics (NBS) and the China National Intellectual Property Administration (CNIPA) on December 30 jointly release some data to indicate the growth of China’s patent-intensive industries in 2020.
On December 22, 2021, the China National Intellectual Property Administration (CNIPA) released 9 decisions suspending or revoking the licenses of 9 patent firms for filing irregular (abnormal) patent applications.
The "Bordeaux" trademark No. 19564618 is a collective geographical indication (GI) trademark registered on wine products by Le Conseil Interprofessionnel du Vin de Bordeaux (CIVB) with the Trademark Office of the China National Intellectual Property Administration (CNIPA). The registration of the trademark will be valid until July 20, 2027.
China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Trademark Examination and Trial (商标审查审理指南) on November 22, 2021, effective January 1, 2022. The Guidelines, which are somewhat analogous to the U.S. Patent & Trademark Office’s (USPTO’s) Trademark Manual of Examining Procedure,
The China National Intellectual Property Administration (CNIPA) on August 27 invalidated the registration of the trademark 野格哈古雷斯 owned by St. Laura (Qingdao) Industry Co., Ltd. (圣罗拉（青岛）酒业有限公司).
On December 6, 2021, the Guangdong Higher People’s Court publicly announced a ruling in favor of Shenzhen Tencent Computer System Co., Ltd. (深圳市腾讯计算机系统有限公司) in a dispute over copyright infringement and unfair competition relating to maps used in first person shooter games. The Court ordered the defendants Changyou Yunduan (Beijing) Technology Co., Ltd. (与畅游云端（北京）科技有限公司) and Hero Entertainment Co., Ltd. (英雄互娱科技股份有限公司) to cease infringement and compensate Tencent for economic losses of 25 million RMB.
The amended Chinese Patent Law has been implemented since June 1, 2021, but the relevant Implementation Rules of the Patent Law and Guidelines of Patent Examination are still in the process of revision. To ensure the implementation of the amended patent law, CNIPA has formulated some interim measures, so that patent applicants and other relevant personnel can handle related businesses.
On November 30, 2021, the China National Intellectual Property Administration (CNIPA) released the English-language Guidelines for the Legal Protection and Enforcement of Chinese Trademarks.
On November 29, 2021, the Chinese National Intellectual Property Administration (CNIPA) announced a record fine of 1.04 million RMB (~$163 thousand USD) against a Sichuan entity for engaging in the patent agency business without authorization. Per CNIPA, “The amount of fines and forfeiture is the most for an unqualified patent agency violation case that has been investigated and punished.”
China’s Supreme People’s Court on November 15 ruled on a computer software dispute that the Henan Construction Association stop the copyright infringement, apologize, and pay monetary compensation for its unlawfully using a website development software developed by Changsha Mituo Information Technology Co., Ltd. without attribution.
In case no. （2021）最高法知民终1313号, the Intellectual Property Tribunal of the Supreme People’s Court of China, in an announcement dated November 22, 2021, ruled that a plaintiff lacked standing when its integrated circuit layout design right was invalidated despite appealing the invalidation decision to the Beijing Intellectual Property Court.
Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the participating patent offices to share information and to benefit from work performed by other participating patent offices, and thereby reducing examination workload and improving quality of patents.
On November 19, 2021, the Shanghai No. 3 Intermediate People’s Court announced the affirmance of prison sentences for defendants that counterfeiting 3M and Dasheng (大胜) masks. Seven defendants were sentenced to imprisonment ranging from one year to four years and six months for the crime of counterfeiting registered trademarks, and fines were imposed ranging from RMB 30,000 to RMB 1.2 million (~$188 thousand USD).
In China, the examination and approval procedures for invention patent applications include five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model and design patent applications undergo three stages of acceptance, preliminary examination and authorization. However, in the patent application process, we not only need to know these stages, but also the more detailed legal status.
Chemistry is generally based on experiments and is a typical unpredictable scientific field. For the description of chemical inventions, general inferences or simple descriptions is not enough. When preparing a patent application, the requirements of sufficient disclosure is necessary and particularly important in China.
With the development of the global economy, more and more enterprises have expanded their business to overseas markets. To protect their own products and defend themselves against infringements, the number of patent applications by companies in overseas countries is increasing. Thus, how can the applicant easily understand the status of the applied patent and the situation of the annual fee in the process of actual operation?
China’s Supreme People’s Court on November 3 ruled in favor of Swiss medical device maker Synthes GmbH in a patent lawsuit against Chinese rival Double Medical Technology for infringing Synthes’s patent CN03827088.9 entitled “device for treating femoral fractures”.
The Boards of Appeal of the European Patent Office have upheld a decision revoking an important technology patent owned by Israel-based company SolarEdge Technologies, Inc. The decision ends a lawsuit filed by SolarEdge against Chinese rival Huawei Technologies Co., Ltd. in Germany’s Mannheim city.
Accordingly to statistics collected by the Japanese Patent Office (JPO), participating in the Patent Prosecution Highway (PPH) in China will significantly speed up examination and grant of a patent application. Per the JPO data, from January to June 2021, the China National Intellectual Property Administration (CNIPA) on average issued a first office action within 2.2 months of granting a PPH request.
China's intellectual property (IP) office led the world in 2020 by reporting 1.5 million patent applications, 2.5 times more than the United States, which ranked second, the World Intellectual Property Organization (WIPO) said.
Japan’s Chugai Pharmaceutical Co., Ltd. has recently filed a patent infringement lawsuit in the Beijing Intellectual Property Court against Chinese rival Haihe Pharmaceutical Industry (温州海鹤药业有限公司), seeking to stay the marketing approval process for its generic drug Eldecalcitol.
A Texas jury on November 5 awarded Chinese company Jiaxing Super Lighting Electric Appliance Co., Ltd. (嘉兴山蒲照明电器有限公司) nearly $14.2 million in damages after finding that rival Chinese lighting company CH Lighting willfully infringed three of its US patents for LED tubes.
“Issey Miyake”, a fashion brand, was found by Mr. Issey Miyake, who is the master of clothing and famous for the special design of the clothing. Numerous people know about the design of this brand. In China, the translation of Issey Miyake is Sanzhaiyisheng and it enjoys frame.
China’s Supreme People’s Court (SPC) ruled in decision dated November 3, 2021 in favor of Johnson & Johnson Medical Devices Companies’ subsidiary DePuy Synthes in a patent infringement case upping damages twenty times on appeal.
Many people are familiar with “COSTCO” when it comes to stores. It is known as wholesale clubs in the USA. With development, COSTCO locations around the world and has its own brand. For these reasons, COSTCO pays more attention to trademarks. Recently, a trademark opposition filed by COSTCO has aroused people’s attention.
In case no（2021）最高法知行终322号 recently highlighted by China’s Supreme People’s Court on November 2, 2021, the Court ruled that an unintentional short payment of a patent annuity caused termination of the patent. A patentee received a “Patent Termination Notice” issued by the China National Intellectual Property Administration (CNIPA) and sued CNIPA at the Beijing Intellectual Property Court, claiming that it had paid the annuity of 600 RMB, and the CNIPA nonetheless terminated its patent right. However, the 600 RMB was insufficient to cover the annuity and late fee due.
On October 21, 2021, the Supreme People’s Court of China submitted a report on the judicial work of the people’s courts on intellectual property rights for deliberation. According to the report, the average annual increase in intellectual property cases was 24.5% from 2013 to 2020, which is 12.8 percentage points higher than the increase in all litigation cases. Specifically, number of first-instance IP cases accepted by courts across China increased from 101,000 in 2013 to 467,000 in 2020.
According to an announcement from the Shanghai Pudong New Area People’s Court on October 28, 2021, Judges Wu Zhiyong, head of the Intellectual Property Tribunal of Shanghai Pudong New Area People’s Court and Judges Ni Hongxia and Wang Xiao conducted a public trial resulting in the sentencing of defendant Ding and four others to imprisonment ranging from one year seven month to three years for the crime of counterfeiting registered trademarks for KIWI shoe polish. The Court also fined the defendants.
On October 26, 2021, the China National Intellectual Property Administration (CNIPA) issued the Administrative Measures for the Establishment of Permanent Representative Offices in China by Foreign Patent Agencies (Draft for Comment).
When you search a patent, for some reasons, you may want to know more detailed documents of the patent, and many documents are usually not directly accessible. At this time, you can use the consultation and photocopying of patent application documents service of the Patent Office.
Apple is trying and failing to block Huawei from using the ‘MatePod’ brand name for a pair of earbuds.
An invention patent has a statutory confidentiality period of 18 months from the date of filing, which is a common practice in most countries around the world. PCT international patent applications, Chinese invention patent applications, and US patent applications are all follow this regulation. But for some reasons, the applicant may want to publish his/her application earlier, most countries will also provide such an option of early publication.
In the process of a Chinese patent application, there are often some important time points hidden for the applicant to submit the initiative amendments or make rectification, etc. And reasonable use of these time points can often save some losses in the process of patent application.
In order to cope with the revision of China's Patent Law and its implementation rules, the China National Intellectual Property Administration (CNIPA) recently published the " Revised Draft of Patent Examination Guidelines (Draft for Soliciting Comments)", the revised content of the Guidelines is mainly the supporting provisions of the Patent Law and its implementation rules.
Tackling counterfeits can be frustrating and challenging at the best of times. Dealing with their trickier – and more “lawful” – cousin, genuine products that are parallel imported (or genuine branded goods obtained from one market (i.e., a country or economic area) and subsequently imported into another market and sold there without the consent of the owner of the trademark), can be even more challenging.
The Lycra Company, a developer of innovative fiber and technology solutions for the apparel and personal care industries, announced wins related to its ongoing global efforts to protect its intellectual property (IP), including patents and trademarks, from infringement worldwide.
Japan's biggest steelmaker Nippon Steel Corp. said on Thursday it had filed patent infringement lawsuits against Toyota Motor Corp. and China's Baoshan Iron & Steel Co. (Baosteel) with a Tokyo District Court.
Sharp and OPPO announced that the companies have reached a global cross patent license agreement, including patents for communication technologies and covering sales of terminal products of both parties. The cross-licensing agreement also ends all ongoing litigations between the companies worldwide with issues like patent infringement.
China National Intellectual Property Administration published a notification on October 9, announcing that the method of issuing trademark registration certificates will be changed officially on January 1, 2022.
A new lawsuit has been filed against Huawei. Sony is aiming on fighting the company over one of its trademarks related to its smartwatch. The trademark in question is for the Watch GT.
For ClemenGold®, a mandarin brand managed from South Africa, its widely recognised teardrop-shaped fruit sticker has become a symbol of consistent quality. Consumers have come to trust the brand for its superior eating experience derived from a strict set of internal and external quality standards, while import, wholesale and retail clients benefit from the equity a highly visible and well-executed brand holds for them.
Foreign businesses in China are becoming key targets in a growing number of intellectual property lawsuits filed by Chinese companies. Enhanced IP legislation, which has led to large amounts of damages for violations granted by courts, has opened the floodgates for litigation.
China is honing its technical skills in sixth-generation communication networks, which are expected to be rolled out commercially as soon as 2030.
On September 18, 2021, the China National Intellectual Property Agency released the Interpretation of “Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes”. The Interpretation clarifies some issues in the Measures, including deadlines.
The FinFET has served as a foundational piece of technology for Intel's processors since 2011, serving as a key ingredient in nearly every processor it sells. However, Intel has been embroiled in a patent infringement lawsuit in China since 2018 with a Chinese government-funded R&D lab that asserts the company has violated its FinFET patent.
China’s National People’s Congress has recently released a translation of the amended Patent Law.
In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters.
FMC Corporation (NYSE: FMC) announced that Qingdao Intermediate Court in China has ruled in its favor in the chlorantraniliprole patent infringement suit against Shandong Weifang Rainbow Chemical Co. Ltd. ("Rainbow"). The Court found Rainbow infringed on FMC's composition of matter patent for the insecticidal active ingredient chlorantraniliprole and a key intermediate to manufacture chlorantraniliprole.
Dear Clients and Associates, The Chinese trademark office and patent office as well as our office will be closed from October 1, 2021 to October 7, 2021 due to the China National Day...
Dear Clients and Associates,The Chinese trademark office and patent office as well as our office will be closed from September 19, 2021 to September 21, 2021 due to the Mid-Autumn Festival...
On 3 September 2020 Chinese smartphone giant Xiaomi prevailed in its opposition against a mark consisting of the Chinese characters for ‘Orange Mi’ and the letters ‘cnmi’
Since the iPhone 4S era, all iPhones have been using the Siri voice assistant. Siri was founded in 2007 and was initially based on text chat services. In 2010, it was acquired by Apple for $200 million. Then, through cooperation with Nuance, the world’s largest voice recognition manufacturer, Siri realized the voice recognition function. Although the iPhone has been using this feature for 10 years, it may have been infringing on a Chinese company’s patent.
Gree Electric, a patent powerhouse in China’s home appliance sector, has been trying to shake off its domestic audacious chaser Aux Group by accusing the latter’s dubious business ethics.
The Chinese smartphone company Guangdong Oppo Mobile Telecommunications Corp., Ltd, doing business as OPPO has filed several patents infringement lawsuits against the Finnish telecom giant Nokia in China and Europe.
According to a WeChat posting from Shanghai Zhizhen Intelligent Network Technology Co., Ltd. (上海智臻智能网络科技公司 also known as Xiaoi Robot), Xiaoi has filed for a preliminary injunction against Apple at the Shanghai High People’s Court on September 3, 2021 to stop patent infringement by selling, importing, etc. iPhones incorporating Siri. Xiaoi had earlier sued Apple for 10 billion RMB (~$1.4 billion USD) on August 3, 2020 at the Shanghai High People’s Court.
According to announcement on September 2, 2021 from the China National Intellectual Property Administration (CNIPA), the total number of online applications for the 2021 Chinese patent bar was 50,425, a year-on-year increase of 4.63%; the number of applicants who passed the qualification review and completed payment was 47,573, a year-on-year increase of 4.99%.
In what some might consider a breach of several countries’ sovereignty, on August 19, 2021, the Intellectual Property Tribunal of the Supreme People’s Court affirmed a lower court ruling setting global licensing rates for standard essential patents (SEPs) including in the U.S., Germany and Japan.
Starting from September 1, 2021, both applicants and their trademark agents or agency will need to sign and seal a Letter of Commitment for the Good Faith of the Parties Requesting the Protection of Well-Known Trademarks...
Macau is one of two Special Administrative Regions (SAR) of the People's Republic of China. Registering your patents in China Mainland and Hong Kong doesn't give you protection in Macao, so it’s necessary to file Macau Patents if you want to obtain patent protection in Macau.
Many applicants want to make amendments in accordance with the claims of the corresponding foreign patent(s) when responding to the office action(s) of Chinese patent, especially when these corresponding patent(s) have been or are to be granted.
On August 27, 2021, the China National Intellectual Property Administration (CNIPA) released a report entitled Development Status of the Patent Agency Industry (2020).
On August 26, 2021, the Shanghai Intellectual Property Court announced a ruling on appeal in favor of Elite Licensing Company SA in a trademark infringement case.
When receiving a notification of refusal for a trademark application, many applicants may choose to file an appeal arguing the significant difference between the applied trademark and cited trademark. However, the unilateral argument cannot always persuade the examiners even though the differences do exist.
On August 23, 2021, the China National Intellectual Property Administration (CNIPA) announced the administrative punishment of 71 Chinese patent firms and individuals for the unlicensed practice of patent law.
The appearance of handbag designs may not be protected by copyright law in Taiwan, a new judgment from the Supreme Court in Taiwan confirms. The trademark and copyright infringement case – which Givenchy and Celine filed in 2017 against a Taiwan-based handbag manufacturer, accusing the company of offering up copycat versions of their Luggage Tote...
Patent search is an important part of patent application and analysis. It plays an important role in protecting patent authorization, improving patent value, preventing infringement, and early warning analysis.
Patent right is the exclusive right that the owner of an invention-creation enjoys in accordance with the patent law which is a kind of intangible property rights. For patentees or producers, it is necessary to understand the relevant legal provisions of infringement to protect their rights or avoid the risk of patent infringement and know the infringement conditions and relevant infringement or non-infringement acts.
On August 19, 2021, the Shanghai Third Intermediate Court released a ruling on Weibo holding that the repackaging of authentic Ferrero Rocher chocolates that included printing of Ferrero Rocher labels without authorization is criminal trademark infringement.
The Chinese Olympic Committee has issued a warning to companies seeking to cash in on athletes' Olympic success by registering their names as trademarks.
In a recent decision highlighted by the Intellectual Property Tribunal of the Supreme People’s Court, the Court ruled that even though a patent was invalidated by the China National Intellectual Property Administration (CNIPA), it was still possible to file a declaratory judgement action to confirm non-infringement of the invalidated patent.
Taiwan has its own patent system and patent laws. And the patent application authorized by the China National Intellectual Property Administration (CNIPA) does not automatically obtain protection in Taiwan.
Bloomberg Law is reporting today that drone giant DJI of China and it’s nearest rival Autel Robotics have settled a major patent dispute that began in 2018.
While everyone cheers for Chinese athletes at the Tokyo Olympics for their good performance, Chinese online shopping platforms are staging a shopping spree for "the same masks worn by Olympic athletes," despite them being declared to be bogus products.
In the midst of trademark battles in China, New Balance is policing its famous “N” and the source-identifying design of its 574 sneaker in the U.S., with the sneaker-maker filing suit against Michael Kors, arguing that the fashion brand “recently began using an N design on footwear that is virtually identical and confusingly similar to” its own mark。
The patent exploitation license refers to the owner of patented technology, or its granted person permits other peoples to exploit his patent in a certain period of time, a certain area and a certain manner, and charges licensee for use. The patentee is the licensor, and the person allowed to exploit is the licensee.
A recent intellectual property case saw an applicant have to abandon three Chinese invention patent applications. The applications were deemed to lack novelty while his reference documents were published in advance by the applicant. Subsequently, he had no choice but to accept the decision and abandon the patent applications.
As intellectual property protection is generally territorial in nature, applying for registration of a design in Mainland China or elsewhere in the world does not automatically give registered design protection in the Hong Kong Special Administrative Region. Therefore, if someone intends to manufacture, import, sell or offer for hire his design product (or license someone else to do so) in the Hong Kong SAR, he will need to register his design in the Hong Kong SAR.
For companies and individuals, no matter when they files a design patent for their own products or when their own design patents are declared invalid, it often involves the determination of whether the patented design and the comparative design are substantially identical.
u-blox announced that the Hangzhou Intermediate People’s Court has ruled in favor of u-blox in separate copyright and patent infringement lawsuits the company filed against Techtotop Microelectronic Technology Co. Ltd. (TTT). The rulings found that TTT infringed on u-blox’s intellectual property in its TD1030 navigation chips and that TTT must pay damages (RMB 11 million).
Although the duplicate copy of patent certificate and the duplicate copy of the patent register are both patent-related copies, there are obvious differences between them.
Intellectual property rights are getting more and more attention, and they say that “the product is not moved, the patent comes first”, which also shows the importance of using patents to protect your own technology, but due to various reasons, you may encounter a situation where you did not file a patent for your technology in time, while others use the patent to sue you for infringement.
Jimmy Choo, a global luxury fashion brand, is favored by many celebrities. Lots of people know about this brand because of women's shoes. Women's shoes are the core product of this brand. To protect its interests, Jimmy Choo is cautious about the safety of its trademarks in class 25. They are always taken action against the trademarks contained "CHOO."
For most companies running business in China, they may firstly consider registering their brand as a trademark to avoid copycats and fake products but may not pay much attention to copyright registration for its logo. In fact, both a trademark and copyright are available for the right owners to protect their brand though they’re different system. Knowing the differences between them helps you to better build up the IP protection systems and avoid most risks of infringement.
During the search and examination stage of an international application, if the International Searching Authority (ISA) determines that the international application lacks unity of invention, the examiner will notify the applicant and issue the Invitation to Pay Additional Fees which indicates the number of additional inventions and fee per additional invention and the total amount that should be paid.
China had over 1 million patent applications last year, according to figures from the State Intellectual Property Office (SIPO). China handled more patent applications for inventions than any other countries for the fifth year running in 20
Puma Europe Limited, owner of the brand Puma, recently filed an application for trademark territorial extension to the Trademark Office under the State Administration for Industry and Commerce (SAIC) of China, for its trademark WINDCELL and
Nearly 3,000 products from across China with geographical indications are showcased at a trade fair in Guangzhou that opened on Saturday and will last for a month. The exhibits include fruits, tea, vegetables, aquatic products, traditional
As a saying goes, one nation cant have two queens. Recently, because of a crown trademark dispute, two automobile companies entered the tribunal room and sought legal support. One protagonist in this story is Toyota, an automobile giant, it
Nike International Ltd (hereafter as to Nike) suffered a succession of setbacks in its trademark registration due to the reference trademark LEBULANG ZHANMUSI 勒布朗詹姆斯 since it began its trademark registration of 勒布朗詹姆斯
Despite uncertain global economic prospects, the worlds intellectual property activity continues to grow robustly, according to World Intellectual Property Indicators 2015, released at the end of last year. The annual report by the World In
The Chinese government has published the first trademark application for a sound and said it expects it to be approved. The application, filed at the China Trademark Office (CTMO), was for a jingle belonging to state-owned radio station Chi
BEIJING, Feb. 25 The 2015 edition of the World Intellectual Property Indicators recently released by WIPO reports a strong growth in invention patent filings in 2014 of 4.5%. Among the 2.7 million invention patent filings, Chinas State Inte
BEIJING, Feb. 25 The high number of patent applications and approvals in 2015 for companies in Zhongguancun, a high-tech business hub in Beijing, partly benefited from intellectual property projects the area implemented in recent years, loc
BEIJING -- A State-owned radio stations signature tune is about to be approved as Chinas first sound trademark. The State Administration for Industry and Commerce (SAIC) said on Sunday that it has reviewed the application from China Radio I
BEIJING, Mar. 4 ( www.chinacourt.org ) -- President of the Supreme Peoples Court Zhou Qiang and Minister of Science and Technology Wan Gang visited the Beijing Intellectual Property (IP) Court, Chinas first IP court, on Feb 25. Wan praised
BEIJING, Mar. 8 (China IP News) -- On March 1, Shen Changyu, Commissioner of State Intellectual Property Office of PRC (SIPO) met with Jesper Kongstad, Director General of Danish Patent and Trademark Office (DKPTO) in Beijing. Shen noted th
BEIJING, Mar.9 (China IP News) -- On March 5th，the 4 th Session of the 12 th National Peoples Congress opened at the Great Hall of the People in Beijing. On behalf of the State Council, Premier Li Keqiang delivered the report on the work
BEIJING, Mar. 16 (China IP News) -- China has made large progress in implementation of new IP policy, which will help China to grow its economy. In the past thirty years, I frequently came to China and follow the development of Chinese IP c
BEIJING, March 18 (Xinhua) -- China has continued to perform strongly in international patent and trademark filing against the backdrop of a moderate worldwide intellectual property (IP) filing growth, according to the latest figures releas
BEIJING, Mar. 16 (China Daily) -- China will improve its policies and protection systems to better shield intellectual property rights, said the nations top IP officials at last weeks annual meetings for the National Peoples Congress and th
BEIJING, Mar. 24 (China Daily) -- As intellectual property filings fell flat worldwide, China maintained robust growth in international applications for patents and trademarks, according to the World Intellectual Property Organizations late
BEIJING, Mar. 23 (SIPO) -- SIPO recently issued the Notice on Deepening Collaborative Mechanism of Patent Law Enforcement in E-commerce (hereinafter referred to as Notice). The Notice makes it clear that SIPO will deepen the collaborative m
BEIJING, Mar. 25 -- Recently, the State Intellectual Property Office of P.R.C. (SIPO) and World Intellectual Property Organization (WIPO) launched selection work for the 18th China Patent Award, a move to encourage and honor patentees and i
Chinas Supreme Peoples court made a final judgment on an OEM-related trademark infringement case recently. The court held that the act that Zhejiang Yahuan lockset Co.,Ltd (hereafter as to Ya Huan) used logo of PRETUL on its OEM padlocks ba
China will improve the protection and management of intellectual property rights (IPR) to facilitate its national strategy of innovation-driven development, a new official document said. A guideline released Tuesday by the State Council ord
The State Intellectual Property Office of China announced the list of 17th China Patent Award recently, among which A heavy oil and residual hydroconversion catalyst and its preparation method by Sinopec Corp. and Sinopec Fushun Research In
To mark the 30th anniversary of the cooperation between the State intellectual Property Office of China (SIPO) and European Patent Office (EPO), several activities have taken place in Beijing, for instance, the meeting between Chinese State
Intellectual property cooperation between China and Europe has contributed to Chinas economic modernization, said Benoit Battistelli, president of European Patent Office. The positive, win-win partnership between the EPO and its peer in Chi
Audi Group recently brought a Beijing-based automobile service company to Beijing Shi jingshan Peoples Court, on grounds of unauthorized use of their registered trademark and infringement was constituted. The Court has heard this case. Exis
(Announcement on Suspending the Customs Record-FilingFee for Intellectual Property Rights) According to the Ministry of Finance and the National Development and Reform Commission Notice on Cancellation and Suspension of Collection of Admini
Recently, SIPO published data of patents in the first three quarters of 2015. In the first three quarters of 2015, China received 1.876 million applications of the three kinds of patents, up 22.0%. Among them, 709,000 were invention patent
In accordance with the request of Circular of the National Development and Reform Commission and the Ministry of Finance on Reducing Certain Charging Rates for Administrative and Institutional Fees Including the Handling Fee for House Trans
Supreme Peoples Court confirms protection for Honeywells global Garrett brand by rejecting local manufacturers marketing plan as too similar and misleading to consumers SHANGHAI, Sept. 8, 2015 /PRNewswire/ -- The Supreme Peoples Court (SPC)
Jordan is known in China by a Chinese transliteration of his name: 乔丹 or Qiaodan. While Jordan registered his English name in the country, he did not register Qiaodan, said Paul Haswell , a lawyer with Pinsent Masons, the law firm behin
After increasing eight-fold in the decade between 2001 and 2011, patent applications in China passed those in the U.S. Patent filings in China have continued to rapidly rise, averaging 21% annually over the last three yearsmuch faster than
Every year, China Customs seizes tens of thousands of counterfeit goods destined for export from China. Nearly all of the seizures were of goods that infringed registered Chinese trademarks and that had been registered not only with Chinas
Latest news from State Administration for Industry and Commerce of the Peoples Republic of China (SAIC) show that 5,000 malicious trademark registrations have been handled in the first half of this year, up 190% than the last year. Meanwhil
In this summer, Chinese domestic film, representing with Monster Hunt, Pancake Man, Monkey King: Hero is Back, arouses again high film seeing interest in the summer vacation film market, and the Chinese domestic film catches up from behind
Recently, the Guangdong Higher Peoples Court, for the first time, regarded Taobao Transaction Snapshot as the main evidence for judging constituting the practical patent infringement, which was considered as an important trial innovation in
A US appeals court will not reconsider an earlier decision finding that Samsung violated Apple patents. Samsung has been in a legal battle with Apple for years with each accusing the other of patent infringements. In May, the South Korean f
Wilyabrup olive oil business Vasse Virgin has won the legal battle to trademark its name, ending a two-year fight with Sir Richard Bransons multinational Virgin Group. In a statement released yesterday, Vasse Virgin announced the Virgin Gro
Apple has asked the US Patent and Trademark Office to grant it the rights to produce facial-recognition features for iOS devices. Apples patent application, filed in 2014 and published Thursday, describes a system for selecting contacts via
In scenes similar to the governments accidental banning of everything, the High Court has overturned copyright legislation to make the transferring of copyright works from one medium to another illegal - one of the main traditional uses of
Under Armour files for trademarks on Jordan Spieth logo While Under Armour has garnered plenty of exposure from its head-to-toe sponsorship of Masters and U.S. Open winner Jordan Spieth, the company has yet to cash in on Spieth gear itself,
Finjan Holdings, a patent-licensing company operating in the cybersecurity space, won a hefty $39.5 million jury verdict (PDF) on Tuesday, when a San Jose jury found that Blue Coat Systems infringed five of its patents. The verdict is a maj
Samsung has won an important victory against patent holder Smartflash that may ultimately save the company hundreds of millions of dollars. The US Court of Appeals for the Federal Circuitruledon Thursday that the lawsuit Smartflash has file
A trademark lawsuit filed byNBAlegendMichael Jordanagainst Qiaodan Sports Co. in the Chinese court system for using a name and images similar to those of his own Jordan Brand with Nike reportedly failed Wednesday. TheAgence France-Presse, v
Microsoft won an appeals-court ruling that may lower the rates many electronics makers pay to license technology considered standard in smartphones and computers. An appeals court in San Francisco on Thursday upheld a $14.5 million jury ver
NEW DELHI:Amulis joining the league of global brands such asCoca-Cola,Kodak,Wimbledonand Viagra to get a well-known trademark, ensuring unparalleled protection not just in India but across the world. The step taken by the government will en
Beijing IPR Court recently handled a case lodged by British Defense Ministry (BDM) against the Trademark Review Abroad (TRAB) under the State Administration for Industry and Commerce (SAIC) over several trademark registrations. In early 200
(Reuters) - Oracle Corp has asked a U.S. judge for permission to update its copyright lawsuit against Google Inc to include the Android operating systems current market dominance. The move by Oracle is its first since the U.S. Supreme Court
Designer Tory Burch just won a $41.2 million trademark infringement lawsuit against Lin J International Inc. Lin J has been charged for copying and selling Tory Burch trademarks including her ISIS Cross designs. Back in 2013, Burch also cha
Xiaomi international head Hugo Barra said on Thursday that the Chinese electronics company is looking to file more patents and strike more deals ahead of a launch into the U.S. market. The move is essential if Xiaomi really wants to play in
Nowadays, the zoo-themed coffee shops from South Korea opened in various provinces and cities in China and became popular to consumers. However, few people know that for the South Korean ZooCoffee, the coffee culture combined cute animals a
A federal judge upheld the cancellation of the Washington Redskins trademark on Wednesday, a legal victory for proponents of changing the nickname. I am surprised by the judges decision to prevent us from presenting our evidence in an open
As the first original cartoons adopting assembly line mode, with the most international distribution, and total distribution volume, the Four Masterpieces in China cartoon series ranked the first in many aspects and wins the Production Awar
As one of the seasonings of Unilever (China), Jiale spicy seasoning gained population once entering the market. However, another product named Gangdong uses the similar package with Jiale, raising the Unilevers discontent. The production an
In 2007, Pfizer US-PFE filed a lawsuit against Beijing Jialin Pharmaceutical Co., LTD. to Beijing No.1 Intermediate Peoples Court for patent infringement. Jialin then filed a request for invalidation of the patent involved. The Patent Reexa
On June 18th, China and Russia signed a contract about reconnaissance of high-speed rail from Kazan to Moscow. As a big international contract, it shows the appreciation to Chinese standard of the world. Industry experts believe that, Chine
ALEXANDRIA, VA. - Lawyers for the NFLs Washington Redskins urged a U.S. federal judge on Tuesday to reinstate six trademark registrations that were canceled last year for being offensive to Native Americans. A U.S. Patent and Trademark Offi
Years of talk about a Greek exit from the Eurozone and months of protracted negotiations seem to have driven one German businessman to drink Uwe Dahlhoff, a 47 year old entrepreneur has trademarked the word Grexit and plans to launch a vodk
Eli Lilly has won a patent case in the Court of Appeal in London over its blockbuster Alimta lung cancer drug, boosting prospects for future sales and dealing a blow to generic challenger Actavis, now renamed Allergan. Alimta generated worl
When searching nexus in Baidu or Google, almost all of the information points to Googles mobile phone brand nexus. The mobile phone of Google is marked nexus trademark in the United States, but is marked Motorola trademark in China. On one
(Reuters) - China has rejected Gilead Sciences Incs application for a new patent related to its costly hepatitis C drug Sovaldi, removing a potential barrier to generic versions of the drug there, a U.S. legal group announced on Friday. The
In the final judgment of Shanghai Higher Peoples Court, Victorias Secret, a well-known lingerie brand, finally won the trademark dispute and an anti-unfair competition case against Shanghai Maisi investment Management Company. Maisi was ord
Recently, Beijing High Peoples Court made a final decision that the trademark in question is lack of distinctiveness, and The French Champagne Perrier Jouet S.A(as Perier Jouet) fails to approve that the trademark can distinguish the goods
The 11th China International Animation Festival closed in Hangzhou lately. The animation cooperation projects reached a total of more than 14.8 billion yuan, including 113 auction items on copyright authorization cooperation, a highlight in
Recently，SIPOs decision on revising patent administrative enforcement measures was examined and approved at the meeting. The newly revised measures were released on May 29, and come into effect from July 1. The revision follows the princi
More than 500 complaints were filed at the spring edition of this years Canton Fair held in Guangzhou from April 15 to May 5, claiming intellectual property right violations, with 74.6 percent of them related to patent infringements. More t
Due to the weakness in intellectual property awareness, our medicines were counterfeited at the beginning. With the help of the Chuxiong IP Office, we have learned to use the IP system to protect innovation. Li Jun, the general manager of Y
Recently, Valve Software, the trademark owner of Defense of the Ancients 2 (hereinafter as DOTA2), filed a lawsuit against Beijing Zhongqing Longtu Network co., LTD. (hereinafter as Longtu Game) and Lilith Tech (Shanghai) co., LTD. for copy
A delegation of Chinese publishers is attending the 2015 Book Expo of America from May 27 to 31 in New York as a guest of honor for the first time. Established in 1947, the expo is one of the worlds most important exhibitions of publication
On 22 May, 2015, the Heads of the worlds five largest intellectual property offices (IP5), meeting in Suzhou, China, pledged to step up their cooperation in order to further optimize their services to users and the public so that innovation
As the worlds five largest intellectual property offices increase cooperation to improve their services, the business community expects greater benefits from their collaboration, said executives at a three-day, IP-themed meeting last week i
In July 2013, the US brand New Balance was sued by a Chinese natural person surnamed Zhou for using 新百伦 in sale. Recently, Guangzhou Intermediate Peoples Court made a decision that New Balance should pay 98 million Yuan for trademark
According to the data from State Intellectual Property Office of China (SIPO), China dealt 24,479 patent administrative enforcement cases in 2014, which was the first time for China dealing over 20,000 patent administrative enforcement case
Peoples Daily Online and the Intellectual Property Publishing House jointly unveiled three lists on Jan 20, ranking the top 10 companies, universities and research institutes in terms of granted patents in 2014. The lists were based on stat
A court specializing in intellectual property rights (IPR) opened in Beijing Thursday, in the latest effort to effectively handle IPR conflicts. The court, which has four hearing rooms, has selected 22 of its 30 judges, each have an average
A new patent system will be launched in Hong Kong on December 19, 2019. Notices appointing the above date as the commencement date of the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019 were gazette on Oct
Abstract: Recently, Beijing Internet Court held a court session to judge the alleged copyright infringement of Papitude, which was sued by music licensing platform VFine Music for using Japanese label Lullatone’s music without permission.
In 1999, China came together with Algeria to propose at the World Intellectual Property Organization the establishment of April 26 th as World Intellectual Property Day. To broaden peoples awareness of intellectual property, then in October
Is a Chinese trademark or patent also valid in Hong Kong, Macau and Taiwan? A frequently asked question of our overseas clients. The answer is that the protection of a trademark/patent application filed before CNIPA is only effective in the
Asia IPs first ever China IP Awards announced in May 7, 2020. The award listing was made by the Asia IP editorial teams, based on thousands of votes and recommendations received from in-house counsel, senior corporate executives and legal p
The Beijing Treaty on Audiovisual Performances deals with the intellectual property rights of performers in audiovisual performances, adopted by members of the World Intellectual Property Organization at a diplomatic conference in Beijing o
Background NetEase Cloud Music, one of Chinas leading music streaming platforms, has inked a new strategic partnership with Warner Chappell Music (WCM) among the three most significant music publishers in the world, on the extensive catalog
A Chinese AI company has formally filed a lawsuit against Apple Inc, alleging it has infringed on its patents, the company, known both as Shanghai Zhizhen Intelligent Network Technology and as Xiao-i.
This May, the Beijing IP Court released a judgment on trademark invalidation administrative dispute related to SIENXMZ, which was a free-riding registration upon SIEMENS, the leading electronic engineering company from Germany. The disputed
The Beijing Chaoyang District Market Supervision Administration (SAMR) recently published 京朝市监工罚（2020）230号, which fined Alibaba Technology (Beijing) Co., Ltd. for attempting to register multiple coronavirus-related tradema
Per news reports from Chinas Legal Daily and Xinhua , the 22nd meeting of the Standing Committee of the 13th National Peoples Congress completed the revision of the Patent Law on October 17, 2020. The newly amended patent law will come into
Per the Decision of the Standing Committee of the National Peoples Congress on Amending the Patent Law of the Peoples Republic of China ( 全国人民代表大会常务委员会关于修改〈中华人民共和国专利法〉的决定 ), Ch
( Getty Images ) Until now, copyright registration agencies have been in the traditional offline mode, with businesses taking three to five months from preparing materials to getting a certificate. However, in the Internet era, an innovativ
The European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) jointly announced on October 20, 2020 that Chinese applicants will be able to select the EPO as International Search Authority (ISA) in Pat
Recently, a store named Jinri (Today s) Youtiao (deep-fried twisted dough sticks) caused the public s attention. It is because the decoration and Logo of this store are extremely similar to Toutiao Today , which is the search engine company
In the past, applying for an invention patent would be taken the waiting period of two to three years to get the result. At the end of February this year, Nantong was approved to build the China (Nantong) IPR Protection Center. Until now, t
China received more than 30,000 patent filings on artificial intelligence (AI) in 2019, an increase of 52.4 percent over the previous year, according to a report released on Thursday. The report, focusing on Chinas new generation of AI deve
The China National Intellectual Property Administration (CNIPA) recently released data through the third quarter of 2020. September 2020 invention patent application filings were up almost 12% month on month and utility patent application f
Recently, Power of Performance - Celebration of the entry into force of the Beijing Treaty on Audiovisual Performances was held in Beijing. The event was sponsored by the Publicity Department of the CPC Beijing Municipal Committee and organ
According to the World Intellectual Property Organization, seventeenChinese regions now rank among the top 100 global innovation clusters, and the Guangdong-Hong Kong-Macao Greater Bay Area, Beijing and Shanghai rank among the top ten. Scie
Taipei, Oct. 27 (CNA) Taiwan Semiconductor Manufacturing Co. (TSMC), the worlds largest contract chipmaker, ranked in the third quarter as the biggest patent applicant in Taiwan for the sixth consecutive quarter, the Intellectual Property O
The recent anti-suit injunction issued against InterDigital in its SEP litigation with Xiaomi is a somewhat predictable reaction to the recent UK Supreme Court decision against Huawei and ZTE. One of the central arguments there was that the
Foreigners can now, under strict conditions , take the patent bar examination. A brief summary of the exam follows. The exam, which is held once a year, takes place over a day and half with three parts: Patent legal knowledge, Related legal
Recently , in the China Jingdezhen International Ceramic Expo 2020, a company used the ceramic digital ID combine with blockchain technology, to provide a new solution to the problematic issue of ceramic products copyright protection. Ceram
Recently, Beijing Intellectual Property Court concluded the trial Didi Golf Chamberlai n trademark infringement and unfair competition dispute, judged the defendant Didi Golf Chamberlai n cease on the trademark infringement behavior involve
TikTok and parent company ByteDance are suing US-based rival Triller. As first reported by CNBC today, TikTok has filed a countersuit in San Francisco federal court in response to Trillers patent infringement lawsuit filed against TikTok in
According to an October 27, 2020 report in the Peoples Court Daily , the Peoples Court of Fangcheng County, Henan Province recently sentenced 8 defendants to prison for copyright infringement of several movies including Alita: Battle Angel
Amendments to enable more protection for rights holders, tougher penalties for infringers Chinas amended Patent Law, after its fourth revision, is scheduled to come into force on June 1, 2021, and will provide rights owners with stronger pr
In November 2020, Qichacha released the Chinese enterprises trademark Top 20 and summarized the leading enterprises in Chinas trademark amount during the last five years. First, from the trademark registration amount, Tencent occupies the f
China will hold a patent fair to showcase its achievements in the field and build platforms to promote the transfer of intellectual property (IP), the event organizer said Monday. The 12th China International Patent Technology and Products
In follow up to the Notice of the China National Intellectual Property Administration (CNIPA) on Deepening the Blue Sky Action and Promoting the Healthy Development of the Intellectual Property Service Industry ( 国家知识产权局办公室
On November 3, 2020, Chinas State Administration for Market Regulation released the Regulations on prohibiting abuse of intellectual property rights to exclude and restrict competition (关于禁止滥用知识产权排除、限制竞争行为
A recent judgment published by the Beijing Intellectual Property Court showed that because the mobile computing architecture HiAI on its core chip was preemptively registered by the partner, Huawei sued the China National Intellectual Prope
BEIJING -- China will strengthen intellectual property protections next year, raising the cap on damages from patent infringement to five times the holders loss -- higher than the three times in the U.S. and other advanced economies. Self-r
On December 3, 2020, the Beijing Intellectual Property Court reversed a lower court decision and awarded Beijing NavInfo Technology Co., Ltd . 10 million RMB (~$1.53 million USD) in damages for a copyright dispute involving electronic maps
The winners of Chinas top honors for patented industrial designs are winning over customers with products that are both good-looking and practical. The Awards for Outstanding Chinese Industrial Designs were bestowed on the top 10 winners at
On December 17, 2020, the Beijing Intellectual Property Court announced the affirmance of an earlier Trademark Review and Adjudication Board (TRAB) ruling invalidating the Xingning Shixin Lamp Factorys (兴宁市时新灯具厂) Green Lante
China continues to be a global powerhouse for intellectual property protection by leading the worlds IP indicators in most areas, thanks to the countrys long-term economic development. China tops global patent applications in 2019 with the
Different countries have different standards for the Drawings or Photographs for design patent applications. As applicants, how to prepare Drawings or Photographs under the present patent law for design patent application in China? I. Legal
Recently, in the trial of Shenzhen DJI Innovation Technology Co., Ltd. v. Beijing Feimi Technology Co., Ltd. and Jiutian Zongheng (Shenzhen) Co., Ltd. for infringement of design patent rights, the Shenzhen Intellectual Property Court adopte
The national copyright innovation development base is located in Pudong and will break through the restrictions on the registration place to carry out copyright registration services in the free trade zone. Pudong, which was established at
The pace of innovation in the fourth industrial revolution (4IR) technologies accelerated significantly worldwide, and China is leading in the growth rate of patent filings, the Munich-headquartered European Patent Office (EPO) said on Thur
On December 14, 2020, the China National Intellectual Property Administration (CNIPA) released the Announcement of the CNIPA on Amending the Patent Examination Guidelines (No. 391) ( 国家知识产权局关于修改《专利审查指南》的
China has emerged as an increasingly important player in the fourth industrial revolution, having patented technologies at a rate that is growing at double the global average, a European Patent Office report released on Thursday said. From
The State Intellectual Property Office of China received 1.4 million patent applications last year, leading the worldwide figure in that category for the ninth year in a row, according to a World Intellectual Property Organization report. T
On December 7 in the Northern District of California, electronics manufacturer Lenovo filed a complaint against Nokia Technologies Oy, a wholly owned subsidiary of Nokia Corporation whose purported main purpose is to monetize the patent rig
On December 15, 2020, the China National Intellectual Property Administration (CNIPA) released the First Batch of Guiding Cases for Administrative Enforcement of Intellectual Property Rights ( 第一批知识产权行政执法指导案例 )
According to the Beijing Court Trial Information Network, Monster Energy, which owns Magic Claw Drink, has lost a trademark similarity dispute case with the State Intellectual Property Office over the GENTLE MONSTER glasses brand of Korea A
Shenzhen is stepping up efforts to perfect its intellectual property protection system as rapid development of new technologies in the city raises the need for it. Dubbed Chinas Silicon Valley, Shenzhen has seen remarkable growth of innovat
According to statistics released December 18, 2020, November 2020 Chinese invention patent applications filings jumped 32.7% versus October 2020. Similarly, utility model patent applications filings were up 28%. The number of cumulative inv
The newly revised Copyright Law will come into effect from June 1 next year. The law, which has been amended in 2001, 2010 and 2020, plays an important role in protecting copyright owners legitimate rights and has been promoting innovation
On December 21, 2020, the Beijing Intellectual Property Court announced that on December 18, 2020, the Court ruled in several administrative trademark cases that the trademark registrants forged evidence to prove use in trademark cancellati
Maxeon Solar Technologies Ltd. has received a positive patent validity ruling in a patent invalidation action filed in China by LONGi Green Energy Technology Co. Ltd. , a Chinese solar manufacturer. The action was filed against one of Maxeo
On December 18th, the Second Anniversary of the establishmentGuangdong ProvinceIntellectual Property Protection Center, ithosted a series of activities and the Road to Intellectual Property Development with Chinese Characteristics Seminar i
Acco rding to the (2020) Jing Xing Zhong No. 4528 Judgment issued by the Beijing Higher Peoples Courtthaton December 16, Van Cleef Arpels applied for the registration of the trademark No. 15736970 in November 2014, which is three-dimensiona
Shenzhen, a young innovative city in South China, has maintained its national leading position across major intellectual property indexes this year, with double-digit growth in most areas. The market regulatory department of the city, which
Recently, the first unqualified patent agency violation case investigated by Shanghai was publicized in the National Enterprise Credit Information Publicity System (Shanghai). Throughinvestigation, in December 2019,the illegal party in the
On December 25, 2020, the China National Intellectual Property Administration (CNIPA) announced ( 国知办函运字〔2020〕1154号 ) a 3-year pilot program to allow foreign patent firms to open up representative offices in Beijing and Ji
Its getting close to the new year now. Deep winter has arrived, and everyone is wrapped up warmly in down jackets, scarves and hats. 2020 has been a year of social distancing. People are looking forward to 2021 with hope. Recently, China ha
Recently, China Securities Regulatory Commission s official website published the Publication of CICCs Summary Report on the Guidance Work of UnionPay Business Co., Ltd., and the guidance work of UnionPays sci-tech innovation board was fina
On December 29, 2020, the Shanghai Higher Peoples Court announced the upholding of a criminal conviction for infringing the copyright of Lego toys. The Shanghai Third Intermediate Court had sentenced 9 people to up to 6 years in prison and
O n December 25, Wuhan Intermediate Peoples Court made a case against the standard-essential patents royalty fee dispute case that the A pplicant Samsung Electronics Co., Ltd. and the A pplicant Samsung (China) Investment Co., Ltd. Samsung
On December 30, 2020, the Shanghai Second Intermediate Peoples Court ruled in favor of Michael Jordan against Qiaodan Sports Co. (Qiaodan is the transliteration of Jordan into Chinese) ( 乔丹体育公司 ) over the use of Jordans Chinese
The civil judgment of the first instance of trademark infringement dispute between Beijing Yanhuang Yingdong Technology Development Co., Ltd. and Amazon Connect Technology Service (Beijing) Co., Ltd. The Beijing Higher Peoples Court made a
Recently, the China Press and Publication Research Institute completed a survey report on the Economic Contribution of Chinas Copyright Industry in 2019. The survey show ed that the industry added value of Chinas C opyright I ndustry in 201
It was learned from Shenzhen Municipal Procuratorate on December 30 that recently, a case involving copyright infringement of foreign film works prosecuted by the Nanshan District Procuratorate of Shenzhen was sentenced in the first instanc
Since pointed out that Zhejiang Supor Co., Ltd. misappropriated its patented technology, Zhejiang KBH Kitchenware Co., Ltd. published a statement on the entire page of Yangcheng Evening News, and presided over Weibo topics, held a press con
On December 21, 2020, the Supreme People s Court made a final judgment, dismissed Red Bull Vitamin Beverage Co., Ltd. related to the claim of ownership of Red Bull series trademark rights, maintaining the original judgment in the first inst
Baidu Company, which once attracted widespread attention, sued the trademark infringement case of Baidu Barbecue. Recently, the Supreme Peoples Court ruled and rejected the application for retrial of Sun Luming, the defendant in first insta
Impressive results magnified by pandemic, which forced consumers toward e-commerce E-commerce plays an important role in maintaining peoples livelihoods during the battle against COVID-19 and the stay-at-home economy is thriving in China, a
Recently, Chongqing No. 5 Intermediate Peoples Court made first instance judgment toward the Chongqing Pigeon Electric Wire Cable Co., Ltd. sued Chongqing Gehuang Electric Wire Cable Group Co., Ltd. trademark infringement and unfair competi
Wyeth LLC (U.S. Wyeth) , a global leader in infant milk powder, sued Guangzhou Wyeth Baby Maternal and Infant Products Co., Ltd. (广州惠氏宝贝母婴用品有限公司) (Guangzhou Wyeth) for trademark infringement and unfair competitio
Jiangsu Provincial Market Supervision Bureau held a P ress C onference on the 11 th to notify about the law enforcement of intellectual property rights in the field of market supervision in JiangsuProvince . During the Conference , it also
Recently, the Chinese Academy of Press and Publication has completed the survey report of the Economic Contribution of Chinas Copyright Industries in 2019, which shows the added value of copyright industries reached CNY 7.32 trillion in 201
On January 11, the Hangzhou Internet Court opened a public hearing and sentenced in C ourt a copyright infringement and unfair competition case between a film company in Beijing and two network compan ies in Hangzhou and Beijing , and a tec
In the ongoing saga between REC and Q Cells over solar technology patents, REC has claimed a couple of victories the most recent being yesterday. Back in March 2019, Hanwha Q Cells filed complaints against JinkoSolar , Longi Solar and REC G
In 2020, the proportion of online trademark applications in China was as high as 98.05%, an increase of nearly 17%from 81.29% in 2016. As of the end of 2020, there were approximately 178,802 registered users of Chinas trademark online servi
Recently, Tianjin No. 2 Intermediate Court concluded a criminal case of infringement of foreign copyright. This is the first time the Court has trialed a criminal case of foreign copyright infringement. From February 2017 to December 2018,
China will intensify efforts to further international cooperation on intellectual property rights protection, especially those related to the Belt and Road Initiative, in order to promote IPR development worldwide, according to the head of
Recently, following a final judgment pronounced by Beijing Higher Peoples Court, the trademark dispute between Guangdong Sogal Co., Ltd. and Zhongshan Sofier Co., Ltd. has temporarily concluded . Sofier s claim failed to receive the C ourt
More than 3.23 million web links related to copyright infringement and a total of 2,884 pirate applications have been taken off or closed during a joint campaign to beef up copyright protection in China, the National Copyright Administratio
Recently, two civil mediation documents put an end to a three-year Kangwang trademark infringement and unfair competition case. Under the preside of the Shanghai Intellectual Property Court, Shanghai Runfu Biotechnology Co., Ltd., Shanghai
It waslearned from the Guangzhou Intellectual Property Court on January7th thatin 2020,the Court newly received 6,905pieces ofpatent cases of various types, and the total amount of newly receivedpatent cases reached 1.85 billion yuan. Accor
Since it is believed that users of bilibili uploaded an animation series , which violated the copyright of Beijing Xingwei International Cultural Technology Development Co., Ltd. , Shanghai Kuanyu Digital Technology Co., Ltd., the operator
Recently, Beijing High Peoples Court made a final judgment on a trademark invalidation administrative dispute over No.8397269 trademark REDLINE (trademark in dispute), holding that the trademark in dispute was registered by means of decepti
On October 17, the 22nd Session of the Standing Committee of the 13th National Peoples Congress(NPC) approved the newly amended patent law, which will be effective on June 1 next year. The amendment, which had been drawing keen attention fr
According to an analysis by Incopat , corporate applicants accounted for about 67% of Chinese invention patents in 2020, among which Huawei Technologies Co., Ltd. s is by far the leader. College and university patentees accounted for about
On January 21, 2021, the Beijing Intellectual Property Court announced the awarding of 5.5 Million RMB (~$851 thousand USD) in damages and expenses to Shell International and Shell China for trademark infringement regarding automobile lubri
One is a well-known French tire manufacturer, and the other is an Anhui enterprise engaged in the acquisition of Chinese medicinal materials and agricultural and sideline products. The two sides have launched a fierce dispute over a tradema
China saw an increase in patent filings, more efficient intellectual property services and stronger IP protection last year despite the novel coronavirus outbreak. There was notable growth in registrations for the layout design of integrate
Sichuan continues to promote the implementation of the trademark and brand strategy and has achieved remarkable results. On January 26, the reporter learned from the Sichuan Provincial Market Supervision Administration (Provincial Intellect
On January 27, 2021, China National Intellectual Property Administration issued a notice on further strictly regulating the behavior of patent applications, it mentions: Efforts should be made to guide the number and quality of patent appli
Per a Court announcement , on January 28, 2021 the Shanghai Intellectual Property Court ruled in favor of the plaintiff Casio Computer Co., Ltd. against the defendants Tornado Company (旋风公司), Smael Company ( 斯麦尔公司 ), Weish
As reported by 知识产权界 , two Guangdong firms were recently sanctioned for filing abnormal patent applications. On January 18, 2021, the Guangdong Administration for Market Regulation sanctioned Shenzhen Dejin Intellectual Property A
China will continue to advance scientific and technological innovation. By investing more in science and technology, China is committed to strengthening IPR protection, Chinese President Xi Jinping underscored the importance of strengthenin
A number of trademark information of Yao Anna, Yao Siwei, YAO ANNA, YAO SIWEI, and Annalbel Yao was added, which was applied by Huawei Technologies Co., Ltd.. The classification involves machinery equipment, beer and beverage, clothing, sho
On February 8, 2021, Chinas Supreme Peoples Procuratorate issued the 26th batch of guiding cases covering intellectual property . This batch covers 5 cases including criminal trademark, copyright and trade secret law. Foreign victims includ
On February 19, 2021, the Suzhou Intermediate Peoples Court announced it had awarded a preliminary injunction to Burberry against Xinboli Trading (Shanghai) Co., Ltd. (新帛利商贸（上海）有限公司), owner of Chinese brand Baneber
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 Janu
As first reported by IPRlea rn , the Shanghai Municipal Administration of Market Supervision on February 5, 2021 has fined Shanghai Shangxiang Patent Agency Co., Ltd. (上海尚象专利代理有限公司) 30,000 RMB for filing 26 irregular
New Balance has prevailed in a trademark case that is part of a larger and long-running legal battle that has pitted it against New Barlun, a Chinese sportswear company that has been trading on its name and various trademarks for more than
A small British technology company has accused Huawei and Goodix, Chinas largest developer of smartphone fingerprint sensors, of infringing on its technology and has launched legal proceedings against both companies. WaveTouch, a UK registe
According to a joint decision of the China National Intellectual Property Administration (CNIPA) and the Austrian Patent Office , the China-Austria Patent Prosecution Highway (PPH) pilot project will be extended for another five years from
On December 26, 2020, the Twenty-Fourth Meeting of the Standing Committee of the 13th National Peoples Congress of China voted to pass the Amendment to the Criminal Law of the Peoples Republic of China (11) ( 中华人民共和国刑法修正
The first-instance civil verdict on the unfair competition dispute between the milk tea brand Xiangpiaopiao Company Xiangpiaopiao Food Co., Ltd., Henan Haoduoduo Food Co., Ltd., and Suzhou Xiangpiaopiao Enterprise Management Co., Ltd. was a
The first-instance civil verdict on trademark infringement and unfair competition disputes between Zhejiang Geely Holding Group Co., Ltd. and Beijing Sohu Internet Information Service Co., Ltd. were announced recently. The plaintiff is Zhej
In a report by the World Intellectual Property Organization dated March 2, 2021, China remained the top user of the Patent Cooperation Treaty (PCT) with 68,720 applications for+16.1% year-on-year growth. Last year (2019), China had 59,193 P
According to the official website of the National Copyright Administration, during the Spring Festival of 2021, sevenChinese New Year movie theaters including Hi Mom were widely welcomed, setting a new box office record for Chinese New Year
Chinas Supreme Peoples Court released and effective on March 3, 2021 the Interpretation of the Supreme Peoples Court on the Application of Punitive Damages to the Trial of Civil Cases of Infringement of Intellectual Property Rights ( 最高人
Beijing Court Trial Information Network recently disclosed the first-instance civil judgment of Guangzhou Alibaba Literature Information Technology Co., Ltd. and Hunan Local Star Network Technology Co., Ltd. for the infringement of the info
On February 26, 2021, the Intellectual Property Tribunal of the Supreme Peoples Court released a list of top 10 cases of technical intellectual property rights for 2020 that the tribunal ruled on. The list covers anti-suit injunctions, trad
Courts concluded 466,000 cases relating to intellectual property rights in 2020, up 11.7 percent year-on-year, according to the annual work report of the countrys top court. The report was submitted by the Supreme Peoples Court to the ongoi
On March 4, 2021, the Shanghai High People s Court announced a ru ling in favor of the Italian fashion brand Fendi Co ., Ltd. , which was established in 1925 and later acquired by LVMH Group. Fendi had sued Pioneer Capital Outlets (Kunshan)
On February 27, 2021, the Intellectual Property Tribunal of Chinas Supreme Peoples Court released a set of 46 rules based on aselection of 55 example cases from the 2,787 technical intellectual property (IP) cases concluded by the Court in
On March 2, 2021, the China National Intellectual Property Administration (CNIPA) released the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Solicitation of Comments) 《重大专利侵权纠纷行政
On March 12, 2021, the China National Intellectual Proper ty Administration (CNIPA) released the Measures Regarding the Regulation of Patent Applications ( 关于规范 申请专利行为的办法 ) effective immediately. CNIPA is continuin
Without notice, the China National Intellectual Property Ad ministration (CNIPA) appears to have ceased publishing data on the number of patent applications filed monthly or annually. CNIPA used to publish monthly and annual data on the num
In recent years, with the remolding and development of domestic brands such as Hui Li and Feiyue, the classic red and blue shoes full of youthful imprint return to consumer vision. Do Jai Back and Leap come from the same family? How on eart
The China National Intellectual Pro perty Administration (CNIPA) has appeared to cancel more than half of their invention patent applications in 2020, presumably for being fraudulent (also referred to as irregular or abnormal). While the CN
Chinas Supreme Peoples C ourt released the Interpretat ion of the Supreme Peoples Court on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights on March 3, 2021. In order apply the
A defendant was ordered to pay 30,000 yuan ($4,613) over Entertainment One UK Ltd (eOne)s losses for Peppa Pig trademark infringement, with Peppa Pig having been declared a well-known trademark in China, according to Shanghai Intellectual P
On March 24, 2021, the China National Intellectual Property Administration (CNIPA) issued a Notice announcing the Special Action Plan for Combating Malicious Trademark Squatting ( 打击商标恶意抢注 行为专项行动方案 ). The goa
IPRdaily introduction: Recently, there have been reports of abnormal patent applications from Jiangsu, Sichuan, Jiangxi, Guangdong and other provinces in the intellectual property circle. According to China Intellectual Property News, as of
Sinceit was not authorized to use Beijing Normal Universitys English textbooks, Yuanfudaos Xiaoyuan Souti APP was convicted of infringement,and a total of 550,000 yuan was compensated. The Beijing Internet Court announced the verdict of thi
March 30, 2021 Novelty is one of the three requirements for patent application to be authorized. In practice, such a situation often occurs: an invention with great practical value and high degree of creativity, but because the inventor doe
How to define high value invention patent? Why is the index ownership of high-value invention patents per 10,000 population set? How to better protect and incentivize high-value patents? Ge Shu, Director General of the Strategic Planning De
Recently, the Shanghai intellectual property court (hereinafter referred to as the Shanghai Intellectual Property court) ruled on Shanghai Guanshengyuanfood co., LTD. (hereinafter referred to as the Shanghai Guanshengyuan company) and the d
On April 1, 2021, the Beijing Intellectual Property Court announced a ruling in favor of Bulgari over a third partys trademark registration of Bulgaris Serpenti snake head design. The Court found that Lius registered Chinese trademark 15911
On April 1, 2021, the Guangdong Higher Pe oples Court announced the awar ding of 30 million RMB (~$4.7 million USD) to Leg o on appeal, an increase from the original award of 3 million RMB. Late last year, the Shanghai Higher Peoples Court
According to an report in 宁波日报 , an unnamed Ningbo company infringed Andreas Stihl AG Co. KGs Chinese trademark for STIHL by manufacturing over 19,000 chain saws worth 225,000 RMB (about $34,000 USD) bearing the STIHL trademark with
On April 5, 2021, the Judicial Information Network of Beijing Court published other administrative judgments of first instance between YeShuGroup Co., Ltd. and the State Intellectual Property Office. The plaintiff was YeShuGroup, and the ca
Lenovo Group and Finlands Nokia said the two companies have reached a settlement in their years-old patent dispute, resolving all pending legal cases, according to a report by Hong Kong Economic Times on April 7, 2021. Lenovo will pay Nokia
In recently released data from the China National Inte llectual Property Administration (CNIPA), invention patent grants have increased 77% in the first quarter of 2021 year-on-year. Utility model patent grants are up 72% and design patent
Have you got covered? Weeks ago, the world was anxiously staring at a vessel of 200,000 tons blocking the Suez Canal, the throat of the global economy. Such incidence involves a low probability but high stakes. Attention soon shifted insura
A Shenzhen company named its tea products Xiao Guan X Cha, imitating the Xiao Guan Cha, a new online celebrity in Chinas tea industry. Xiao Guan Cha sued the defendant to court. Recently, after the trial, the Baoan Court ruled that the defe
Todays Toutiao vs. Todays Youtiao, whats the connection between the two? The name is just a word away. Is it a free ride, a hot ride or pure coincidence? (Photo from Internet) In response, Beijing Bytedance Technology Co., Ltd. (hereinafter
At the 2021 High-Level Forum on China IP Protection ( 2021年中国知识产权保护高层论坛 ) held April 23, 2021, SHEN Changyu, the Director of the China National Intellectual Property Administration (CNIPA) gave a keynote speech sta
On April 21, the Supreme Peoples Court opened a joint public hearing to hear two cases of administrative disputes over the invalidation of patent rights between the appellant Sichuan Neo-Green Pharmaceutical Technology Development Co., Ltd.
Under the laws available in China, Intellectual Property right (hereinafter referred to as IPR) holder records IPR at the General Administration of Customs of the Peoples Republic of China (hereinafter referred to as GACC) is an effective w
It has become more and more important for the inventors to protect their creations in China. The patent system in China is young, and comparing with the developed countries, it still has great room to improve. After the establishment of PRC
As one of the most important market in the world, the trademark applications in China are increased year by year, according to the data published by CTMO, in 2015, there are approximately 2.8 millions of trademark applications in China.
Copyright is one of the most important parts of intellectual property law, and as China is a civil law country, so the copyright can be considered as the generic name of right of personality and property rights in a work.
With the development of society and the strengthening of peoples legal consciousness, the company and investor are facing more and more disputes on Trademark and Patent matters. In recent years, you may see many such hot cases, such as, the
What is a slogan? Asloganis a memorablemottoorphraseused in aclan,political,commercial,religious, and other context as a repetitive expression of an idea or purpose, with the goal of persuading members of the public or a more defined target
In the patent system of China, we have three types of patent, i.e. invention patent, utility model patent application and design patent. Well introduce the invention patent and design patent application in other articles but only focus on u
The State Intellectual Property Office of China has drafted "Regulations on Regulating the Registration of Trademark Applications (Draft for Comments)" and its explanations. People from all walks of life could raise their opinions of the dra
On July 30, 2019, the Regents of the University of California (UC) filed a complaint against five major retailers, including Amazon, Walmart, Target Corp, Ikea AB, and Bed Bath & Beyond Inc, for the unauthorized distribution of UC Santa Barb
Dual filing regime in China Dual filing of invention patents and utility models is possible under Article 9 of the Chinese Patent Law, with a dual filing statement specified in the application forms of the two applications. The applications
At present, patent infringement compensation is subject to the compensatory damages (Article 65 of the Patent Law), that is, the compensation obtained by the right holder is used to make up for his actual losses and cannot exceed his actual
Recently, an online National Day campaign was launched by Tencent, adding the national flag on the Wechat profile picture. Afterward, a blogger put forward his view that it is illegal to use the national flag as a Wechat profile picture. So
The administrative protection of patent rights refers to the protection given by the state administrative organ to the patentee whose patent right has been infringed. Patent administrative protection has the advantages of simple procedure, c
【Background】 The epidemic of new coronavirus pneumonia has received continuous attention. On February 4th, Wuhan Institute of Virology, Chinese Academy of Sciences announced on its official website that its research results based on the
Recently, the China National Intellectual Property Administration (CNIPA) released the Announcement on Matters Related to Electronic Patent Certificates and Electronic Seals of online filing of patent (No. 349) . The announcement states tha
When you came up with an idea to implement a business model and put it into practice, did you think about protecting it? Or even patent it for protection? In April 2017, CNIPA (i.e. the Chinese patent office) revised its patent examination g
When I first saw the publication of a trademark named 长生鸟fenix, I was really in shock. I had never seen a trademark can be published in such a short time in my career, Jessie Chan said, a trademark lawyer in our team. The trademark me
To provide applicants with more examination mode choices, the examination term can be better coordinated and matched with the market operation of patents to meet the diverse needs of innovative entities. The Guidelines for Patent Examinatio
Abstract: The trademark in dispute is in class 25 with registration No.6020578 registered by Qiaodan Sports. It contains an image - a basketball player in midair attempting a layup, and two Chinese characters 乔丹. This trademark was requ
BACKGROUND On February 21, 2011, a Chinese, Zhu Dongliang, hereby referred as to the defendant) filed the trademark application for Weimi and registration was indeed granted with the number 9132008 on class 3, covering goods of cosmetics, e
Affected by COVID-19, the probability of a delay of the time limit in patent application is higher. To facilitate the parties to go through the relevant procedures for restoring their rights, CNIPA issued Announcement No. 350 where the part
With the development and popularization of the Internet, kinds of information published on the Internet have become a new form of statutory evidence. According to the provision of the Patent Examination Guidelines , the information existing
Recently, the USPTO (the United States Patent and Trademark Office) has published a petition decision explaining that, under current law, only natural persons may be named as an inventor in a patent application. It made clear that AI cannot
When someone holds his/her patent to warn you, when someone gets a patent based on your creation, the usual measure you can take is to initiate a patent invalidation procedure for this patent, but the invalidation procedure requires a lot of
In the practice of substantive examination for inventions in chemistry or medicine, the technical effects often depend on experimental data. However, in many cases, it is difficult for the applicant to search for all the prior art before fil
In terms of regulations for trademark infringement in China, i.e., the Trademark Law , it rules that the amount of damages for infringement shall be determined according to the actual losses and the benefits acquired by the infringer. The re
Its hard to believe that the known trademark Facebook is invalidated in China. TRAB (China Trademark Review Adjudication Board) recently approved a request for the invalidation of the trademark Facebook No. 6389503, which registered by Faceb
Canceling trademarks of non-use for three consecutive years is a procedure that plays a vital role in the Trademark Law . Every country has a similar or the same procedure where it targets for removing non-use trademarks and urging the trade
The revised Chinese Guidelines for Patent Examination came into effect on November 1, 2019. This revision includes the amendments to the relevant provisions of the divisional application. This article will introduce the divisional applicatio
With the continued growth of the number of invention patent applications, National Intellectual Property Administration (CNIPA) has greatly shortened the examination term of invention patent application in China. In first half of 2020, the a
Recently, the Standing Committee of the National Peoples Congress reviewed the Amendment to the Patent Law of the Peoples Republic of China (Second Review Draft). The review draft made it clear that any new design of the shape, the pattern,
Design patent applications or industry design applications in different countries have different requirements for the text description in the application. For example, the US design patent application needs to include a description of each v
The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. Applicants only need to file a single application and pay one set of fees to apply for protection in the designated contracting
China adopts an early publication and delayed examination system for invention patent applications. After the patent application is published, it is possible for a third party to know and implement the content of the invention. So during the
When you want to have a trademark for your business, the first thing in your mind might be to register a trademark. But it is also available to acquire the trademark by trademark assignment and trademark license. What is a trademark license?
The China National Intellectual Property Administration (CNIPA) published the Trademark Infringement Judgment Standard (hereafter referred to as Standard ) on June 15, 2020, which is a guideline for the administrative department in a tradem
Sometimes, after filing the invention patent application, you may find some defects in your application documents, or want to amend or add some content. At this point, you may adopt the following measures to amend the invention patent applic
As the integrated circuit industry is a key strategic industry developed and supported by countries around the world in the 21st century, the protection of integrated circuit layout design is particularly necessary. This article will introdu
After filing an application, as the applicantor inventor,sometimes you may want to change the recorded name for various reasons such as transfer of patent rights, change of nameor the wrongfillofname. In these occasions,what can youdo to co
The Government Service Platformof t he Peoples Republic of China National Intellectual Administration (CNIPA)providesthree patent query systemsfor the public to search for patents and obtain information andpublicationtextofpatentsincluding
Different from the trademark system in the United States, there is no need to provide use of evidence when filing the trademark application or SOU to obtain the registration in China. Although the applicant doesnt need to provide the use of
For a Chinese national trademark, the opposition window opens after the substantive examination completed. CNIPA will issue a Notification of preliminary approval of the trademark application and publish the trademark application on the Tra
Trademark is just as important to a legal entity as a trade name. If you set up a company, the first thing may be getting the trade name registered in the company registry and then to have a trademark for your business. Sometimes, it is con
For trademark applicants who want to apply for trademarks with geographical names in China, they may meet difficulties because geographical names, such as names of foreign countries, cities, counties, or areas are prohibited to be used as a
Examination opinionsmay be issuedwhere the CNIPA believes the trademark applicationviolating the Trademark Law, but if there is possibility of complying with the exceptional rules or other similar circumstances, the examiner willaskthe appl
Recently, there is a trademark dispute case attracting peoples attention, and it is about the famous mobile game glory of king which is registered by a wine company. BACKGROUND In China, everybody knows the glory of king is created by Tence
The fourth revision of the Chinese Patent Law , which will be formally implemented on June 1, 2021 adds an applicable circumstance of non-loss of novelty. This article will introduce the applicable circumstances of non-loss of novelty and h
In order to solve the problem of information asymmetry between the supply and demand sides of patented technology, enable any company or individual to easily obtain patent licenses, reduce patent transaction costs, and increase the rate of
To stay current with the latest technologies and to promote the development in digital innovation, TIPO (Taiwan Intellectual Property Office) reviewed design patent legal regimes and published the partial amendment to Chapter III: Substanti
On October 17, 2020, the fourth amendment of the Chinese Patent Law was finally passed and will come into force on June 1, 2021. The main content of this revision is to safeguard the legitimate rights and interests of patentees, enhance the
In order to resolve patent disputes related to pharmaceutical registration and marketing, China has begun to explore the establishment of a pharmaceutical patent linkage system since 2017. China and the United States signed the phase one ec
Trademark opposition procedure is applied to published trademarks that passing the substantial examination by the Trademark Office. Regarding a Chinese national trademark application, if any party wishes to oppose a trademark application, t
In recent years, with the rapid development of the Chinese economy and technology, the number of patent applications and authorizations in China has continued to grow and come out among the top in the world. In 2019, China continued to rank
Recently, Jiangsu Jiangyin Electrical Alloy Co., Ltd. successfully pledged its trademark with the help of the Wuxi Market Supervision Bureau and got a 100 million loan from ICBC. Many enterprises have seen this news, and some of them are co
The fourth revision of the Chinese Patent Law , which will be formally implemented on June 1, 2021, has made many substantial changes to the existing patent system, which have important and far-reaching effects. Among them, in order to furt
The protection of intellectual property rights in China is mainly carried out by the special laws of intellectual property rights. The laws involving intellectual property rights, such as Copyright Law, Patent Law and Trademark Law, will ma
According to statistics, the number of Chinese trademark applications in Class 35 was 1,086,919 in 2019, about 13.68% of the total. Up to October of 2020, the number was 773,639, about 13% of the total. The number of trademark applications
The challenging 2020 has passed. 2021 will be a new year full of hope, during which many new intellectual property policies will be implemented in China? Next, follow the footsteps of the editor to look. JANUARY The Civil Code of the People
The patent reexamination system refers to a remedy provided to the applicant when the patent application is rejected. The patent reexamination system is an important system in patent applications, but there may be many applicants who do not
The function of a trademark is to identify the source of goods or services in commerce. Once a trademark is registered, the owner should use it on the approved goods or services in the commercial. Otherwise, it will be likely canceled by tr
Recently, the Beijing Intellectual Property Court affirmed the invalidation of the trademark 绿灯侠(Green Lantern) applied by a Chinese lamp factory because the trademark violated prior rights and interests enjoyed by Warner Bros. Entert
Recently, the Beijing Intellectual Property Court concluded an unfair competition dispute in the second instance concerning the use of Ads blocker to watch a paid video. Summary of the case Shenzhen Wankaida Technology Co., Ltd. developed a
Most of the trademarks are registered for business, while some are for sale. It has become a typical business that people buy and sell trademarks as a product worldwide. As a private right, it is legitimate to buy or sell trademarks in good
Once the trademark is approved for registration, anyone can file an invalidation against the registered trademark according to the absolute and relative grounds. The trademark examiner will determine whether the registered trademark violate
On November 16, 2020, the Supreme Peoples Court of the Peoples Republic of China issued the Several Provisions of the Supreme Peoples Court on Evidence in Civil Procedures Involving Intellectual Property Rights (hereinafter referred to as t
WIPO recently released the latest statistics on intellectual property data for 2020. In term of volume, invention patent filing around the word numbered 3.2 million, applications for utility models-a special form of patent right-grew by 9.1
Before the fourth amendment of the Patent Law, the protection term of Chinese pharmaceutical patents was the same as that of other invention patents, both of which were 20 years. However, due to the natural modal of the RD of clinical trial
As a unique property, a trademark can be assigned from one to another. In China, both registered trademarks and pending applications are transferable, but there are formalities and tips that you should know before handling trademark assignm
In order to carry out the spirit of Chinese leaders instruction on strengthening intellectual property protection, respond to the demands of the rapid development of economy and technology for the examination rules actively, and improve the
Since the outbreak of the Covid-19, many companies have faced operating difficulties, and most of them choose to cut wages and layoff, and reduce expense etc., to reduce operating costs. For companies with a large number of patent applicati
February 5, 2016 Dear Clients and Associates, Our Intellectual Property Office (SIPO) will be closed from February 7, 2016 (Sunday) to February 13, 2016 (Saturday) as well as our offices will be closed from February 6, 2016 (Saturday) to Fe
April 1, 2016 Dear Clients and Associates, The Chinese trademark office and patent officeas well as our office will be closed from April 2, 2016 toApril 4,2016 due to the Chinese traditional Tomb-sweepingholidays. Thus, any deadline due on
Dear Clients and Associates, The Chinese trademark office and patent officeas well as our office will be closed from April 30, 2016 toMay 2,2016 due to theInternational Labour Day.Thus, any deadline due on the period ofApril 30, 2016 to May
Please be informed that our firm as well as SIPO will be closedfromOctober 1, 2015 to October 7, 2015 to celebrate our National Day. And w ell open for business on October 8, 2015. For any emergency matter, please contact with us by mail@bo
Please be informed that China Patent Office and China Trademark Office as well as our firm will be closedfromJaurary 1, 2016 toJaurary 3, 2016for New Year. We, therefore, kindly remind you to send us all instructions or correspondence invol
Please be informed that China Patent Office and China Trademark Office as well as our firm will be closed for a special holiday for celebrating the 70 anniversary of the world Anti-fascist War and Chinas Anti-Japanese War Victory from Septe
Please be informed that China Patent Office and China Trademark Office as well as our firm will be closedfromJune 20th, 2015 toJune 22th, 2015for the Dragon Boat Festival. We, therefore, kindly reminder you to send us all instructions or co
Please be informed that China Patent Office and China Trademark Office as well as our firm will be closedfromFebruary 17th, 2015 to February 25th, 2015for theSpring Festival. We, therefore, kindly reminder you to send us all instructions or
Please be informed that China Patent Office and China Trademark Office will be closedfromJanuary 27, 2017 toFebruary 2, 2017, as well as our firm will be closedfrom January 26, 2017 toFebruary 3, 2017 for Spring Festival. But all the office
Dear Clients and Associates, The Chinese trademark office and patent officeas well as our office will be closed fromApril 2, 2017 toApril 4,2017due to the Chinese traditional Tomb-sweepingholidays. Thus, any deadline due on the period of Ap
Dear Clients and Associates, The Chinese trademark office and patent officeas well as our office will be closed from May 28, 2017 to May 30, 2017 due to the Dargon boat festival. Thus, any deadline due on the period of May 28, 2017 to May 3
Dear Clients and Associates, Our office as well as CTMO and SIPO will be closed from October 1, 2017 to October 8, 2017 for the National day Holiday, any deadline falling on any of these days will be automatically and officially adjusted to
HOLIDAY NOTICE_January 23 to January 31, 2020
Dear Friends and Colleagues, Affected by a novel coronavirus, our government announced that the Chinese Spring Festival holiday is extended to February 3, 2020 and the enterprises in Guangdong and Fujian province shall not return to work un
Dear Clients and Associates, The Chinese trademark office and patent officeas well as our office will be closed from May 1, 2020 to May 5, 2020 due to the international workers day. Well back to your enquiry on May 6, 2020, for any urgent m
Dear Clients and Associates, The Chinese trademark office and patent officeas well as our office will be closed from June 25, 2020 to June 27, 2020 due to the Dragon Boat Festival. Well back to your enquiry on June 28, 2020 , for any urgent
Dear Clients and Associates, The Chinese trademark office and patent office as well as our office will be closed from October 1, 2020 to October 8, 2020 due to the China National Day. Well back to your enquiry on October 9, 2020, for any ur
Dear Clients and Associates, Please kindly be informed that CNIPA will be temporarily closed from February 11, 2021 to February 17, 2021 for the Chinese Lunar New Year Holiday. Any deadline that falls into this period will be automatically
Asia IP is a highly authoritative magazine focusing on Asia Intellectual Property; recently, it has released Asia IP profiles 2020, which showcases and ranks leading IP firms based on law firm submissions, interviews with corporate counsel,
Dear Clients and Associates, The Chinese trademark office and patent office as well as our office will be closed from April3 , 2021 to April 5 , 2021 due to the Tomb-Sweeping Day. Well back to your enquiry on April 6 , 2021 , for any urgent
Dear Clients and Associates, It is our pleasure to announce that we are expanding our business with a new office location. The new location is 301, Tower D, Galaxy World, Longhua, Shenzhen, P.R China. Please update your records with our new
Dear Clients and Associates, The Chinese trademark office and patent office as well as our office will be closed from May 1 , 2021 to May 5 , 2021 due to the Tomb-Sweeping Day. Well back to your enquiry on May 6 , 2021 , for any urgent matt
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