We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law.
We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property
Covering the legal developments impacting your brands
We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law.
We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…
On March 8, 2023, China deposited an instrument for accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the “Apostille Convention”). Upon the scheduled implementation of the…
Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. As with other registered IP rights, the protection offered is, generally speaking, territorial in scope. In other words, unless international or regional treaties are available,…
Under the PRC Patent Law, the offering for sale of an infringing product constitutes an act of infringement, regardless of whether the product is actually sold or not. However, there are divergent views as to what damages arise merely…
As an old Chinese proverb goes, “what one loses on the swings, he gets back on the roundabouts.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of…
In response to the rapid increase in the number of trademark prosecution administrative review cases (appeals from the Trademark Office – CNIPA), the Supreme People’s Court issued a Judicial Opinion on “Promoting the Reform of Administrative Litigation Proceedings by…
Since 2013, China has gradually introduced the concept of punitive damages in the amendments to several laws on intellectual property rights, in which the elements of punitive damages were also stipulated, namely the infringement has to be “intentional” or “malicious”…
Although it is not strictly necessary to file for a trade mark registration before using a mark, there are significant advantages to securing trademark protection, particularly in a company’s primary markets. Amongst other benefits, a trademark registration gives the owner…
The PRC Regulations on the Supervision and Administration of Medical Devices (“Regulations”) have recently been amended and promulgated by the State Council. The new Regulations, which will be effective from 1st June 2021, provide some important changes of…
Since the start of the COVID-19 pandemic, numerous Chinese trademark squatters have surfaced with applications for marks closely related to the pandemic, such as “雷神山” (“Lei-Shen-Shan” in Chinese, which is a hospital built in response to the pandemic), “火神山” (“Huo-Shen-Shan”…