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KaiRong Law Firm | China | 15 Sep 2021

New rules on experiential flights raise controversy

"Experiential flight" refers to flight activities carried out in small aircraft, usually with fewer than 10 seats. It aims to provide people with new and exciting flight experiences, such as entering the cockpit. In order to reinforce the management of the safe operation of experiential flights, the Civil Aviation Administration of China recently issued a Notice on Strengthening the......
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KaiRong Law Firm | China | 15 Sep 2021

Epidemic prevention and control measures – international shipping vessels that come to China

During the past 18 months, the Chinese government has made great efforts to protect its people and it has rolled out a series of regulations and guidelines to prevent the transmission of covid-19 via imported sources brought in by transport such as international shipping vessels. In general, where there is an outbreak of an epidemic on a vessel or at a port, the government will take immediate......
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Wanhuida Intellectual Property | China | 13 Sep 2021

Courts are evolving to tackle bad faith trademark filings in China

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......
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AlixPartners LLC | China | 13 Sep 2021

While the cat's away: assessing risk in dynamic environments

Risks are always heightened during times of significant change. Given the amount of disruption to business models, supply chains and working practices that the covid-19 pandemic has caused, it is critical for organisations to fully and proactively assess risks. However, with China maintaining strict quarantine requirements, this poses a unique set of challenges for organisations where key......
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Wanhuida Intellectual Property | China | 6 Sep 2021

ABB prevails in private criminal prosecution in China

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......
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KaiRong Law Firm | China | 1 Sep 2021

Pet's death during air transport

In recent years the pet industry in China has accelerated. With the increase in the number of people who have pets, individuals are increasingly choosing to take their pets with them when taking a flight. However, as they are live animals, pets are different from other cargos and, sometimes, accidents occur during air transport, causing the injury or death of pets. This article discusses a......
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KaiRong Law Firm | China | 1 Sep 2021

Hainan Free Trade Port: exciting opportunities on the horizon

In 2018 the government decided to start establishing the China Hainan Free Trade Port to facilitate Hainan's construction and development. The Hainan Free Trade Port Law of China was recently completed and Hainan province was authorised to develop a series of regulations to support the operation and management of the Hainan Free Trade Port. Its establishment is exciting news for the......
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Wanhuida Intellectual Property | China | 30 Aug 2021

Chinese Trademark Office backs Xiaomi in its opposition against copycat of MI logo

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.
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Wanhuida Intellectual Property | China | 23 Aug 2021

Using figurative trademark as 3D object constitutes trademark infringement

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.
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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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