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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

The Impacts of the New Issued Regulation regarding IP Export

The Impacts of the New Issued Regulation regarding IP Export

Outbound IP Transfer

The Impacts of the New Issued Regulation regarding IP Export

The Impacts of the New Issued Regulation regarding IP Export

According to WIPO‚Äôs information, China has overtaken Japan to claim the second place as a source of Patent Cooperation Treaty (PCT) applications in the passed year.  In 2017, U.S.-based applicants numbered 56,624 PCT, followed by China (48,882) and Japan (48,208).  Another positive statistics comes from the State Administration of Foreign Exchange, which reveals the volume of trade of Chinese IP royalties totaled 33.384 billion USD in 2017, a 32.7 percent increase from 2016. 

Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights:

Ren Qing and Wu Peng, Partners in Zhong Lun Law Firm

[Abstract] As the first legal document specially making provisions on anti-monopoly issues in the field of intellectual property rights, the Provisions of the SAIC are of great significance. For various reasons, the Provisions have a narrow scope of application and are yet to be improved in respect of operability and predictability. Enterprises shall not understand and apply the Provisions in an isolated manner, but grasp provisions of relevant laws comprehensively and accurately with systematic thinking mode to ensure compliance in respect of anti-monopoly in the field of intellectual property rights.

CHINA gossIP - Intellectual Property Journal - July/August 2013

August 2013 - Intellectual Property. Legal Developments by HFG.

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In this issue:

- IP news from China

- Dilemma and options for the Intellectual Property Protection of product design  china_gossip_-_intellectual_property_journal_by_hfg_-_july_august_2013

Dilemma and options for the Intellectual Property protection of product design

August 2013 - Intellectual Property. Legal Developments by HFG.

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Product design is playing an increasingly important role in commercial competition nowadays. Other than product quality, it is the design of a product that draws consumer's attention. A well designed product is more likely to impress consumers with its fashion appearance.

CHINA gossIP - Intellectual Property Journal - March/April 2013

May 2013 - Intellectual Property. Legal Developments by HFG.

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In this issue:

- News from IP in China

- From "Made in China" to "Created in China": risks to avoid for foreign companies 

CHINA gossIP - Intellectual Property Journal - January/February 2013

February 2013 - Intellectual Property. Legal Developments by HFG.

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In this issue:

  • Amendment to the Trademark Law: a new draft published in December 2012
  • Intangible assets' contribution as way of investment

WHD IP Express No.1 2012/11

December 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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CMTO Classification Is Not the Sole Criterion for Assessing the Similarity of Goods and Service

WHD IP Express No.1 2012/10

December 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Neoplan Loses an Important Infringement Lawsuit Due to Invalidation of it's Design Patent

WHD IP Express No.1 2012/08

August 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Chivas Wins a 3D Trademark Infringement Dispute....1

This is the first Chinese judgement which recognizes 3D trademark infringement.

WHD IP Express No.1 2012/08

August 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Chivas Wins a 3D Trademark Infringement Dispute

This is the first Chinese judgement which recognizes 3D trademark infringement. 

Fighting against trademark squatters in China

The reason for the danger of trademark squatting in China is simple: like many countries, China follows a ‚Äėfirst to file‚Äô system for trademark registration, which means that the person who first files the trademark application obtains the registration.

Landlord liability on the web

In April this year, the Supreme People’s Court of China released the highly anticipated Top 10 IP Cases of 2011 alongside its Annual Report. Taobao Trademark Infringement Dispute is listed among the Top 10 cases.

WHD IP Express No.1 2012/06

Selling genuine products, but with modified technical information, constitutes an act of infringement

More work needed

Adopted in August 1982, revised in February 1993, revised again in October 2001 when China adhered to the World Trade Organisation, the Trademark Law of China is undergoing a third round of revisions, which has reached the level of the State Council Legislative Affairs Office (SCLAO).

WHD IP Express No.1 2012/04

April 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Court Construed Defendant’s Possession of Evidence by Citing Evidence Rule …………………………………………1
In the civil litigation, if one party has evidence to prove that the other party holds some evidence, but the latter refuses to surrender such evidence to the court, the court may construe that the hidden evidence is in disfavour of the evidence hider

Use of a Registered Trademark beyond its scope of protection Found Infringing by Shanghai Court

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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The mark ‚ÄúMYBELIVE, registered in class 3 for cleaning products, if it is used for cosmetics, becomes an infringement of MAYBELLINE‚ÄĚ, a registered mark owned by L‚ÄôOreal, the Court may accept the case, even though the defending trademark is registered.

Levis obtains judicial protection for its ‚Äúdouble-arc‚ÄĚ suture

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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The ‚Äúdouble-arc‚ÄĚ suture on the back pockets of the jeans is a registered trademark of Levi Strauss‚Äôs. The use of the double-arc sign, which is distinctive, enables consumers to link it to Levi‚Äôs jeans. The defendants‚Äô use of a similar mark on its jeans infringes Levi Strauss‚Äôs trademark.

A Large Series of Bad Faith Trademark Applications constitute an Absolute Ground of Refusal in...

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Crayon Shin-chan Case

Crayon Shin-chan is a famous Animation and Manga character created by Japanese author Mr. Yoshito Usui in the 1980s. 

China's patent applications received over 1.63 mln in 2011

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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The statistics of China patents released by SIPO shows a welcome change.

GAC issues stipulations on canceling Customs record of IPRs

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Rights owners should timely update the information concerning their IPR recorded at the GACs, failing which the record runs the risk of cancellation. GAC may refuse a re-application filed within one year of cancellation.

Statistics of the Beijing No.1 Intermediate People’s Court

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Foreign IP owners are involved in 50 % of administrative IP cases, and 31.5 % of all IP cases (including administrative and civil litigation and criminal enforcement cases). They win 55.2 % of the cases. Damages, in average, are low.

Online counterfeit traffickers sentenced to over three years in prison

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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In calculating the criminal threshold, the court added the value of the unsold fake goods seized on the spot to the value of the fake goods actually sold, which lead to a large sum and a severe sentence.

Left-facing Crocodile Device Has No ‚ÄúHarmful Influence‚ÄĚ

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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According to the Beijing No. 1 Intermediate People‚Äôs Court, the term ‚Äúother harmful influence‚ÄĚ only refers to public order, not to private interests.

China to act against IP infringement and counterfeiting with a heavier hand

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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The State Council adopts the ‚ÄúOpinion on Stepping up the Crackdown on IP Infringement and Counterfeiting‚ÄĚ and decides to set up an inter-ministerial group coordinated by the Ministry of Commerce to monitor the operation.

Five Years in Prison for Counterfeiting Alcohol Brands

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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The 2011 anti-counterfeiting campaign results were unanimously applauded. Some of the sentences were particularly severe, especially when the counterfeiting concerns the production of products for human consumption.

‚ÄúShanzhai‚ÄĚ Michelin is Still Infringing

March 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Even if the imitation is presented as a ‚Äúparody‚ÄĚ (or ‚Äúshanzhai‚ÄĚ), it constitutes a violation of trademark rights and should be sanctioned: such is the decision of the Shanghai No. 2 Intermediate People‚Äôs Court. 

Stylized Trademark Logo Protected as Prior Copyright in a Trademark Opposition

February 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Legal Background

In trademark oppositions one may cite prior rights against the opposed trademark. Article 31 of China's Trademark Law provides that:

Prior Use as Affirmative Defense in Trademark Infringement Disputes

February 2012 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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In patent and copyright infringement disputes, the affirmative defense of prior use has been established practice in China. Can a defendant raise the same argument in a trademark infringement dispute? The latest judicial opinion is a breakthrough on this aspect.

Registrant’s Non-use How China Considers the Factor of the...

December 2011 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Trademark of His Trademark in Infringement Disputes

China's Trademark Law (2001) does not require that commercial use of a registered trademark by the registrant (or use controlled by the registrant such as licensed use) be a prerequisite in claiming one's trademark right against unauthorized use. 

Measures against bad faith in revised draft of Trademark Law

November 2011 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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The term 'bad faith' is not directly defined in either the existing Trademark Law or the revised draft that was published by the Legislative Affairs Office of the State Council on September 1 2011.

Analysis on the Taobao Case

August 2011 - Intellectual Property. Legal Developments by Wanhuida Peksung.

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Online infringement has, over the years, become one of the hottest topics in intellectual property protection.

Nestlé SA vs. Master Sauce Co.Ltd A registered three-dimensional trademark is denied protection

In 1886, Julius Maggi designed the square brown bottle, which was later used by Nestlé S.A. for its products.

Destruction of Infringing Goods and Relative Implements in Enforcing IP Rights

In China’s IPR protection practice, destruction of infringing goods and implements specially for producing the infringing goods is very important means to prevent repeat infringement.

Relative Grounds of Refusal in China and EU

Dr Huang Hui and Paul Ranjard of Wan Hui Da compare the Third Revision of the Trademark Law to recent
EU legislation

Both the Paris Convention and the TRIPs agreement permit the refusal or invalidation of a trade mark that is in conflict with an earlier
right. These "relative grounds", are opposed to the "absolute grounds", which refers to an obstacle inherent to the trade mark itself.
What are those "earlier rights"? Earlier than what date? How to resolve such conflicts? These questions arise in all countries.

The Effect of the Tort Liability Law on Intellectual Property Protection in China

Section 3 of Chapter 6 (Civil Liability) of the General Principles of the Civil Law 1986 provided for civil liability for tort; and Section 4 of the same chapter set forth the methods of bearing civil liability. After years of deliberation, the Tort Liability Law of the People’s Republic of China was promulgated on December 26, 2009, to be effective on July 1, 2010.

Patent Protection in China

The Effect of the Supreme People's Court Interpretation Concerning the Application of Laws in the Trial of Patent Rights Infringement Disputes (Fa Shi [2009] No. 21) on Patent Protection in China (I)


By Ge Qiang, Beijing Wan Hui Da Intellectual Property Agency

Lacoste Won Trademark Infringement Case against Bao Er Kang

In November 2008, WHD found that leather shoes bearing a logo similar to Lacoste’s registered trademarks were on sale on the business premises of Pufeng Lianhua Company’s Beiyuan Store (Pufeng Lianhua Beiyuan Store).

Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Right

China revised ‚ÄúRegulations of the People‚Äôs Republic of China on Customs Protection of Intellectual Property Rights‚ÄĚ

The State Council recently released the newly revised ‚ÄúRegulations of the People‚Äôs Republic of China on Customs Protection of Intellectual Property Rights‚ÄĚ (hereinafter referred to as ‚ÄúRegulations‚ÄĚ), which takes effective on April 1, 2010.

Claims Not the Only Ground for Recognition of Scope of Patent Rights

Natural person Mr. A owned a utility model patent in China, which he licensed Company B to use exclusively.

Being "extensively known in China" makes it easier to be recognized as well known by the Court

Being "extensively known in China" makes it easier to be recognized as well known by the Court ;   The concept of  trademark dilution is applied by the Court.

MICHELIN, the world famous tires manufacturer has been present in China since 1980s and has progressively acquired the status of ‚Äúwell-known trademark‚ÄĚ, as recognized by a judgment of the People‚Äôs Court of Guangzhou dated Oct 11, 2010. The reputation of the brand is such that it continues to attract lots of imitators, sometimes in unrelated fields.

Interpreting patent infringement

Judicial interpretations of patent infringement issued by the Supreme People’s Court have
proven vital in trials in China. Yin Xintian of Beijing Wan Hui Da Intellectual Property
Agency analyses how they affect the rights of patent holders

China’s evidence rules explained

Customs control represents a critical element in the battle to protect intellectual property rights globally. The General Administration of Customs is seeking for enhanced cooperation with right holders, as Paul Ranjard, Huang Hui and Zhu Zhigang from the Wan Hui Da IP Agency explain

Customs and the protection of intellectual property

Customs control represents a critical element in the battle to protect intellectual property rights globally. The General Administration of Customs is seeking for enhanced cooperation with right holders, as Paul Ranjard, Huang Hui and Zhu Zhigang from the Wan Hui Da IP Agency explain

Actions speak louder than words

Bai Gang of Wan Hui Da IP Agency and Paul Ranjard of UNIFAB say that IP
owners have a duty to try every means of enforcement provided under
Chinese law

Enforcement lessons

IP owners need to think carefully about what they are trying to achieve when
they launch an anti-counterfeiting campaign. Bai Gang of Wan Hui Da IP
Agency explains why

China and the art of trade mark litigation

More and more trade mark owners are taking their cases to court in China. And
as HUANG Hui and HUANG Yibiao of Wan Hui Da Intellectual Property Agency
explain, with careful preparation and a clear strategy, the process need not be
as daunting as many plaintiffs fear

How to protect wellknown trade marks

Hui Huang and Haiyan Ren of Wan Hui Da examine the different means of
proving the well-known status of trade marks in China

Legislative moves extend definition of what can be registered

Amendments to China’s original trade mark legislation means that applicants
enjoy a high degree of protection. The new law also gives a trade mark owner
extensive freedom to use their mark, explain Huang Hui and Ren Haiyan