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  • Article

    식별성을 갖춘 유명드라마 제목은 “일정한 영향력을 가진 상업적 표지”를 구성한다

    A Chinese technology company successfully sued multiple entities for unfair competition after they produced and sold alcohol products using the title and stylized characters from the hit crime drama "Kuang Biao" (狂飙). The court ruled that the drama's title had acquired sufficient commercial recognition to constitute a protected commercial identifier, and the defendants' unauthorized use created consumer confusion about potential licensing or commercial relationships.
    ChinaIntellectual Property
    Kangxin
    Kangxin
  • Article

    Application Of The Doctrine Of Stare Decisis To Cases Of Well-Known Trademark Recognition

    Broad Protection should be provided for the Market Reputation of the Well-Known Automobile Brand
    ChinaIntellectual Property
    CCPIT Patent and Trademark Law Office
CCPIT Patent and Trademark Law Office
  • Article

    Consideration Of Malicious Intentions Of Trademark Applicant In Protection Of Prior Used Trademark

    (2015) Jing Zhi Xing Chu Zi No. 2774 Case of Administrative Dispute over Trademark Invalidation between the Plaintiff XXX Enterprise, the Defendant Trademark Review
    ChinaIntellectual Property
    CCPIT Patent and Trademark Law Office
    CCPIT Patent and Trademark Law Office
  • Article

    Overview Of Yingding v. Sinopec Case*

    The lawsuit was filed before the Kunming Court in January 2014. Yingding claimed that Sinopec and Sinopec Yunnan Branch had failed to fulfil their obligations stipulated in the Renewable Energy Law...
    ChinaAntitrust/Competition Law
    AnJie Broad Law Firm
    AnJie Broad Law Firm
  • Article

    Weishida Yulan Case (Well-Known Trademark Protection On Similar Goods, Bad Faith)

    The Procter & Gamble Company (P&G) has been the owner, since January 1, 1990 of the registered trademark --"玉兰" ( "Yulan" ) and July 1, 1999 of the registered trademark...
    ChinaIntellectual Property
    Wan Hui Da - Peksung IP Group
    Wan Hui Da - Peksung IP Group
  • Article

    The Supreme People's Court provides a Guideline Case for Court Enforcement of Settlement Agreements

    Decision of "indicative" case on contract dispute settlement was deemed to be used as guideline for the lower courts.
    ChinaLitigation, Mediation & Arbitration
    King & Wood Mallesons
    King & Wood Mallesons
  • Article

    Evicting The Squatters

    Several high-profile cases show that trademark owners in China can succeed in removing squatters.
    ChinaIntellectual Property
    HFG Law & Intellectual Property
    HFG Law & Intellectual Property
  • Article

    Harmonizing Judgment Criteria, Balancing Parties' Interest - Relevant Interpretation On New Judicial Interpretation Of The Supreme People's Court

    On March 22, 2016, the SPC published a new judicial interpretation "Several Issues Concerning Application of Law in the Trial of Cases involving Patent Infringement Disputes (Part II)", which took effect from April 1, 2016.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    China Litigation And Arbitration, Part 3: China Consultants And The Liabilities THEY Face

    What can go wrong for China consultants that can lead to their incurring liability? And what can you as a China Consultant do to prevent or ameliorate such a problem?
    ChinaLitigation, Mediation & Arbitration
    Harris Sliwoski
    Harris Sliwoski
  • Article

    Chinese Courts Can Set Global SEP License Terms, Rules Supreme People's Court

    The judgment below by the Shenzhen Intermediate People's Court followed another major opinion on global SEP disputes, one issued by the UK Supreme Court in August 2020 in Unwired Planet v. Huawei.
    ChinaIntellectual Property
    RPX Corporation
    RPX Corporation
  • Article

    Effective Way For Collecting Evidence To Show Monetary Damage

    Article 27 applies, in adjudication of a patent dispute, a procedural remedy against obstruction of production of evidence in civil procedure.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Filing Court Cases Just Got Easier –China Eases Requirements On Legalization Of Documents

    Excellent news coming from China! The China Embassy issued a notice* stating that from 7 November 2023 public documents with a proper Apostille issued in membership countries / regions...
    ChinaInternational Law
    Kangxin
    Kangxin
  • Article

    Case Alert: Chinese Court Recognized And Enforced A Civil Judgment Rendered By US Court

    The petitioner and respondent made an Agreement on Share Transfer (the Agreement) in the United States on September 22, 2013.
    ChinaLitigation, Mediation & Arbitration
    AllBright Law Offices
    AllBright Law Offices
  • Article

    China's Restriction & Regulation On Submitting Local Data To Foreign Courts & Government Under Cross-Border EDiscovery Requests

    In recent years, the U.S., the EU, and other major economies have seen an increase in their comprehensive strength, leading to an expansion of the scope of long-arm jurisdiction.
    ChinaLitigation, Mediation & Arbitration
    Dentons
    Dentons
  • Article

    FINAL - CN First Drug Patent Linkage Appeal Decided

    Thanks again for the heads up from Aaron Wininger of Schwegman Lundberg & Woessner, the China Supreme Court (the Supreme Court) has decided on the appeal of this first drug patent linkage decision, which is final.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Litigation Strategies For Patent Infringement in China

    Patent infringement litigation has its own unique characteristics and technical complexities, and the key to success is to choose the appropriate litigation strategy.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    New Practice And Tendency For The Application Of The Burden Of Proof In Patent Enforcement In China

    The patentee who wants to enforce his patent in China should pay attention to the principle of allocating the burden of proof...
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Supreme Court Ruled Against Trademark Owner

    PRC Supreme People's Court recently made a decision in the retrial phase for trademark infringement dispute between Tianjin Zhong Zhuang Supply Chain Management Co., Ltd.
    ChinaIntellectual Property
    HFG Law & Intellectual Property
    HFG Law & Intellectual Property
  • Article

    China Matters: One Country, One Immunity: Hong Kong Court of Final Appeal Holds Foreign States Have Absolute Sovereign Immunity

    In our June 2010 edition of Stay Current, we discussed the Hong Kong Court of Appeal’s decision in "FG Hemisphere Associates LLC v. Democratic Republic of Congo", in which the Court of Appeal held that, while China continues to follow the absolute approach to sovereign immunity, its failure to impose its immunity doctrine on Hong Kong through legislation justified a finding that the common law restrictive immunity doctrine, which had been developed prior to the 1997 transformation of Hong Kong f
    ChinaLitigation, Mediation & Arbitration
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Provisions Of The Supreme People's Court On Evidence In Intellectual Property-Related Civil Litigations Take Effect On November 18, 2020

    On November 9, 2020, the Supreme People's Court approved the Provisions of the Supreme People's Court on Evidence in Intellectual Property-Related Civil Litigations (hereinafter referred to as the "Provisions").
    ChinaIntellectual Property
    CCPIT Patent and Trademark Law Office
    CCPIT Patent and Trademark Law Office
  • Showing 281–300 of 619 results

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