Wanhuida Intellectual Property | China | 13 Sep 2021
In an era in which the significance of intellectual property has been reiterated and elevated to the national strategy level, the Chinese judiciary has been innovatively tackling bad faith trademark filings and reshaping the jurisprudence in this regard. This article discusses various recent cases which show that the courts are becoming increasingly creative in leveraging monetary means to......
Wanhuida Intellectual Property | China | 6 Sep 2021
The Supreme Court recently announced the cases selected to be included in its Top 10 and 50 Exemplary IP Cases of 2020. Among others in the spotlight is the private criminal prosecution brought against a counterfeit seller by Asea Brown Boveri Ltd, a leading global technology company specialising in electrification, robotics and automation. This case could serve to demonstrate that brand......
Wanhuida Intellectual Property | China | 30 Aug 2021
In an exemplary trademark opposition and adjudication case, the Chinese smartphone giant Xiaomi prevailed in an opposition action against a device comprising the words "Orange Mi" in Chinese and the letters "cnmi". This case illustrates that the authorities are increasingly considering trademark applicants' intentions.
Wanhuida Intellectual Property | China | 23 Aug 2021
Figurative trademarks are susceptible to infringement in China in many ways. In an exemplary trademark infringement suit involving tire manufacturer Michelin, the courts looked at a 2D figurative trademark being used in a 3D way, which remains a divisive issue in judicial practice. The case illustrates the possibility of different interpretations of such a situation.
Wanhuida Intellectual Property | China | 16 Aug 2021
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"......
Wanhuida Intellectual Property | China | 9 Aug 2021
Recent statistics suggest that the China National Intellectual Property Administration (CNIPA) is maintaining an increasingly crowded trademark registry that has been constantly plagued by bad-faith trademark filings. Trademark owners navigating the trademark landscape need to keep abreast of CNIPA practice and install an agile and business-savvy brand enforcement strategy to maintain a......
Wanhuida Intellectual Property | China | 2 Aug 2021
The China National Intellectual Property Administration and the State Administration for Market Regulation recently released Guiding Opinions on Further Strengthening the Protection of Geographical Indications. This will ramp up efforts in the areas of legislation, accreditation and administrative enforcement of geographical indications.
Wanhuida Intellectual Property | China | 26 Jul 2021
The National Medical Products Administration and the China National Intellectual Property Administration recently jointly released the Measures for the Implementation of Early Resolution Mechanism for Pharmaceutical Patent Disputes (for Trial Implementation) (the measures), ironing out the operational details of the pharmaceutical patent linkage system. This article provides a brief......
Wanhuida Intellectual Property | China | 19 Jul 2021
The Measures for the Implementation of Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial) and the Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases involving Patent Disputes Related to the Application for the Registration of Pharmaceuticals have recently been released. Patentees and stakeholders of pharmaceutical patents must keep......
Wanhuida Intellectual Property | China | 12 Jul 2021
Article 70(1) of the 2020 Patent Law states that "at the request of the patentee or stakeholders, the CNIPA [China National Intellectual Property Administration] may handle patent infringement disputes of significant national impact". In this regard, the CNIPA recently released the Measures for Administrative Adjudication of Major Patent Infringement Disputes.