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Wanhuida Intellectual Property | China |

Paul Ranjard

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Wanhuida Intellectual Property | China | 16 Aug 2021

Yuyao Court adjudicates civil claim incidental to criminal trademark infringement case

A recent decision to accept a civil claim of acts of infringement that had been filed by the victim was rendered in the presence of a large number of officials. The reason for the publicity surrounding this case is that the courts had previously interpreted the term "property losses" restrictively. It is hoped that this case will be followed by many others and that the term "property losses"......
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Wanhuida Intellectual Property | China | 24 May 2021

Business name registration amendment takes effect

The Regulation on Business Name Registration (Amendment) issued by the State Council recently took effect. The amendment introduces various changes – including a new name approval system, new restrictions on business names, a new dispute mechanism and revised oversight procedures for the local Administration for Market Regulation.
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Wanhuida Intellectual Property | China | 9 Nov 2020

Beijing High Court guidelines on determining compensation for IP rights infringement

In April 2020 the Beijing High Court published the Guidelines on the Determination of Damages and Statutory Damages in Disputes over Intellectual Property and Unfair Competition. These guidelines, which entered into effect on the date of issuance, are detailed, precise and even innovative. Even if they have binding force on only the Beijing courts, they should be influential throughout the......
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Wanhuida Intellectual Property | China | 2 Mar 2020

Use of recycled beer bottle without original embossed trademark deemed illegal

In November 2019 the China National Intellectual Property Administration (CNIPA) stated that when a trademark embossed on a bottle cannot be removed, recyclers should ensure that they cover said trademark with another label to avoid the likelihood of confusion. The CNIPA added that affixing another label bearing another trademark on a bottle, leaving the original embossed trademark visible,......
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Wanhuida Intellectual Property | China | 24 Feb 2020

Supreme People's Court Honda OEM case: end of a long story?

When goods are manufactured in China by an original equipment manufacturer factory for export, the foreign buyer is not always the owner in China of the trademark that is affixed on the goods. But what if the trademark is registered in the name of a third party and such third party decides to sue the factory for infringement and stop the export of the goods? This is a long-debated question of......
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Wanhuida Intellectual Property | China | 17 Feb 2020

SPC clarifies requirements for citing prior use defence in trademark infringement cases

A recent Supreme People's Court (SPC) decision clarified the requirements to cite the prior use defence under Article 59.3 of the Trademark Law. In this regard, the court stated that the only person eligible to cite this defence is the prior user themselves and that such use must have occurred prior to the registration application and the trademark owner's use of the registered trademark....
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Wanhuida Intellectual Property | China, European Union | 23 Dec 2019

Is filing a trademark without intention to use an act of bad faith?

In China, the practice of defensive trademarks appears to be a guiding factor when determining the legitimacy of a trademark application, but said trademarks remain subject to cancellation in case of non-use. The main challenge is the bad-faith strategy of applying to register many different trademarks without the aim of using them. In this respect, the recent revision of the Trademark Law......
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Wanhuida Intellectual Property | China | 11 Nov 2019

TRAB releases statistical analysis on 2018 trademark administrative cases

The Trademark Review and Adjudication Board (TRAB) has released analysis of its decisions that were challenged before the courts in 2018. In addition to this analysis, the TRAB has provided comments on the admissibility of evidence in cancellation cases based on non-use for three consecutive years. This article provides an in-depth overview of the TRAB's findings.
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Wanhuida Intellectual Property | China | 26 Aug 2019

Beijing High Court guidelines on administrative trademark cases come with surprises

The Beijing High Court recently published an extensive set of guidelines on administrative trademark cases, which are divided into two parts: procedural issues and substantive matters. Although the guidelines clarify a number of matters (eg, the possibility of bringing an action against a ruling of the National Intellectual Property Administration when such ruling was remade in accordance......
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Wanhuida Intellectual Property | China | 22 Jul 2019

Matters to be addressed in future revision of Trademark Law

In 2019 the Trademark Law was rapidly revised without public consultation. This revision, which was relatively limited, aimed to address the problem caused by trademark applications made in bad faith and without the intention to use and to increase the powers of the courts in judicial enforcement. This article analyses what remains to be done and what a fifth revision of the Trademark Law......
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