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Your search for ‘Beijing East IP Law Firm’ returned 187 results

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  • Article

    Patentee’s Burden Of Proof In Infringement Case Involving Patented Process For Obtaining New Product 3M Company v. Zhejing Daoming Investment Co., Ltd.(Article No. 12 From "China Patent Case Review 2014" By Beijing East IP Ltd.)

    According to Article 61, Paragraph 1 of the Chinese Patent Law (2009), a patentee may choose to shift its burden of proof for infringing process to the defendant when the patented process is for obtaining new product.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Seagate Encounters Trademark Dispute On "FreeAgent"

    Seagate Technology Public Limited Company, one of the world’s largest hard drive manufacturers, recently involved in a dispute over trademark infringement in China.
    ChinaIntellectual Property
Beijing East IP Law Firm
Beijing East IP Law Firm
  • Article

    RMB 22.14 Million Damages Was Ordered Against The Defendant Taking Advantage Of "Belle In Chinese" And "BELLE" Without Authorization

    Recently, the Zhejiang High Court concluded a trademark infringement and anti-unfair competition lawsuit against the appellant Baoyang Liu for his involvement with the appellees...
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    The Application Of Judicial Appraisal In Patent Infringement Litigation Zhejiang Huali Communication Group Co., Ltd. v. Shenzhen Samsung Kejian Mobile Communication Technology Co., Ltd. (Article No. 17 From "China Patent Case Review 2015" By Beijing

    Appraisal conclusions are professional and technical written evidences provided by appraisal institutes, thus their legality, authenticity, and probative force are usually higher than those of other civil evidences.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Trademark Distinctiveness Affects The Determination Of Preemptive Registration In Bad Faith

    The latter half of Article 32 of the Chinese Trademark Law 2013 stipulates that "preemptive registration by unfair means of a trademark with certain fame already used by another party" shall not be approved.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Weight Of Evidence Of Trademark Registration Certificate And Trademark Gazette In Determining Copyright Ownership

    On October 15, 2014, Rule 14 of the Provisions of the Supreme People’s Court (SPC) on Several Issues concerning the Trial of Administrative Cases Involving the Granting and Determination of Trademark Right (Draft for Comment) was released by the SPC with two different opinions regarding the weight of evidence of trademark registration certificate and trademark gazette in determining copyright ownership.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    The CNIPA Issues "Guidelines On Same-Day Trademark Applications Procedures"

    On September 27, 2023, the CNIPA issued the "Guidelines on Same-Day Trademark Applications Procedures," which further clarified the examination procedures and precautions for the trademark...
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Practice And Tendency For The Principle On Allocating The Burden Of Proof In Patent Infringement Cases In China

    Generally, the principle adopted for allocating the burden of proof in a patent infringement action is that ‘the necessity of proof always lies with the person who lays charges'.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Protection Of The Chinese Equivalent For Its English Trademark

    Some Chinese equivalents for English trademarks are protected in China, while others are not.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Introduction To The Functional Feature In Chinese Patent Practice

    In the Patent Examination Guidelines 2010, no specific definition is given as to a function feature; but from the context, a functional feature comprises function feature and effect feature.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Restriction On Disclaimer To Part Of Exclusive Right To Use The Trademark

    The earliest Chinese regulations with regard to "examination on the disclaimer to the exclusive right to use the trademark" appeared in Trademark Examination Rules.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    China Judge's View: Why Apple Lost And Facebook Won? Selection Of Right Law Under The Chinese System Is The Key!

    There is a popular saying in the online world in China: "The best way to read and understand the news is to read similar reports in tandem."
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Application Of The Doctrine Of Equivalents And The Dedication Rule In Patent Infringement Case For Method Claims

    The extent of protection for an invention patent includes not only the extent determined by the technical features literally recited in the claims, but also the extent determined by the equivalent technical features.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    BMW's "iDrive" Mark Disputes Came To An End. The Disputed Mark Constituted As "squatted With Unfair Means"

    The Beijing High Court recently concluded an administrative litigation for trademark invalidation regarding the "IDRIVEERPLUS" ("Disputed Mark") with Reg. No. 34925244.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Repeatedly Bad Faith Registering Marks Similar To Prior Marks And Using Them Beyond The Scope Of Registration Was Found To Constitute Unfair Competition And Trademark Infringement

    Santak Electronics (Shenzhen) Co., Ltd. ("Santak") is the registrant of the "SANTAK" mark with reg. no. 619938...
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Granting Cross-Class Protection Where Goods / Services Are Deemed Similar - Based On Breakthrough Practices Of Trademark Administrative And Judicial Departments On Classification Of Similar Goods And Services

    With China's rapid economic developments, the relevance of similar goods and services changes with the method of commercial trading, consumption habit, and consumer psychology.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    The "Pigeon In Chinese" Mark Was Recognized As A Well-Known Mark On Goods Of Pacifiers And Baby Bottles

    The Beijing High Court recently concluded a final judgment on an administrative trademark invalidation dispute over the "Pigeon in Chinese" mark with reg. no. 16530290 ("Disputed Mark")...
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Repetitive Litigation Based On The Principle Of Double Jeopardy

    Repetitive litigation, as a legal concept, relates to the principle of double jeopardy (non bis in idem).
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Tesla Sued An Infringer For Using "Tesla Used Car In Chinese" And Was Awarded RMB 300,000 In Compensation

    Tesla Sued An Infringer For Using "Tesla Used Car In Chinese" And Was Awarded RMB 300,000 In Compensation
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Article

    Provisions Of The Supreme People’s Court On Several Issues Concerning The Trial Of Administrative Cases Involving The Granting And Determination Of Trademark Right (DRAFT For Comment)

    These Provisions are promulgated based on regulations including the Chinese Trademark Law, the Chinese Administrative Procedure Law , and in combination of trial practices.
    ChinaIntellectual Property
    Beijing East IP Law Firm
    Beijing East IP Law Firm
  • Showing 161–180 of 187 results

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