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First judgment on conditional patent enforcement from Intellectual Property Court of the PRC Supreme People’s Court

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By Justin Davidson (HK) & Stanley Ng on July 8, 2025

In a groundbreaking move, the Intellectual Property Court of China’s Supreme People’s Court has issued its first-ever judgment with conditional enforcement terms in a patent dispute[1].  Published on 8 April 2025, the decision tackles a unique issue in…

Intellectual property and the digital world

Photo of Georgina Hey (AU)Photo of Stephen Giles (AU)
By Georgina Hey (AU) & Stephen Giles (AU) on October 9, 2024

The digital economy is built around speed, simplicity and more efficient ways of doing things. Data security and privacy is expected but is often negotiable as consumers are enticed to trade private information for efficiency or more attractive offers. In…

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How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC

Photo of Justin Davidson (HK)Photo of Stanley Ng
By Justin Davidson (HK) & Stanley Ng on November 2, 2021

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…

A New Progress: China Issues Judicial Interpretation for Applying Punitive Damages in Intellectual Property Infringement Cases

Photo of Justin Davidson (HK)Photo of Phoebe Poon (HK)
By Justin Davidson (HK), Phoebe Poon (HK) & Leslie Xu on July 22, 2021

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”…

Michael Jordan deserves an apology from Qiaodan Sports for infringing his name rights for over 20 years

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By Justin Davidson (HK) & Phoebe Poon (HK) on February 1, 2021

According to the Shanghai Xinhua News Agency, the Shanghai Second Intermediate People’s Court handed down a first instance decision on 30 December 2020 in favour of Michael Jordan against Qiaodan Sports Company and Bairen Trading Company (both Chinese local companies)…

China Releases Draft Patent Law Amendment

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By Justin Davidson (HK) & Stanley Ng on July 24, 2020

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…

No damages without invalidation ab initio – a look at Wenger SA v Travelway Group International Inc

By NRF Digital Team on October 8, 2019

A valid trademark registration is an absolute defence to claims of passing off where there is no significant difference between the impugned mark as registered and the mark being used.[i] This is because a trademark registration gives the trademark…

Internet (almost) killed the video star: Federal Court grants orders to block ‘ripping’ of music videos

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By Harrison Ottaway (AU) on June 27, 2019

In the age of the internet, music videos have persisted on MTV and numerous other television outlets although they have to an extent been challenged by other forms of high-brow entertainment available. Many of them involve house inspections or the

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No safe harbour: Online platforms face choppy waters when it comes to copyright infringement

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on April 23, 2019

The liability of internet intermediaries for copyright infringement is a hot topic of conversation at the moment, both in Australia and overseas. Sweeping reforms have just been passed by the EU Parliament, and Australian copyright legislation in this area has…

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