Tag archives: China

Manufacturing in China? Chinese courts confirm the benefits of seeking local registered protection

Putting aside some recent COVID-related bumps in the road, China remains the world’s largest manufacturer. A large portion of its manufacturing consists of original equipment manufacturing (OEM) under contract. OEM involves manufacturing goods intended for export only, and not for sale domestically in China. This business model has solidified China as a critical manufacturing hub … Continue reading

China Releases Draft Patent Law Amendment

On 3rd July 2020, the National People’s Congress (NPC) of the People’s Republic of China released a second draft of proposed amendments to the PRC Patent Law for public consultation. In response to opinions from various government authorities and experts, the second draft incorporates several important changes of note: Partial design protection The draft includes … Continue reading

Could the use of Punitive Damages be the way forward in China?

In September 2019, the Shanghai Pudong District People’s Court awarded triple punitive damages to Balanced Body Inc., which according to the Shanghai government news report was the first such award for a Shanghai Court to a foreign plaintiff. Background Balanced Body is a provider of Pilates equipment and education and holds PRC trade mark registrations … Continue reading

China update: Good news (with a warning) for brand owners outsourcing the manufacturing of their products in China

Global trade is currently a clear focus between nations around the world, and we are seeing trade agreement negotiations effecting world economies in an increasingly direct fashion. As IP specialists, we are always alive to the legal developments that fall out of these negotiations, particularly how they impact domestic laws in relation to balancing the … Continue reading

Amendment to Chinese Trade Mark Law on bad faith trade mark applications with no intention to use

Complaints regarding the growth of bad faith trade mark applications in China have been raised for a while now.  The existing Trade Mark Law in China does not readily imply bad faith on trade mark applicants with no genuine intention to use. On 23 April 2019, the Standing Committee of the National People’s Congress passed … Continue reading
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