Refine your search

Content type
Tags
Author
Jurisdiction
Language

696 results found

Wanhuida Intellectual Property logo
WAN HUI DA is a leading IP service powerhouse in China. It has three main legal entities, Wan Hui Da Law Firm, Wan Hui Da IP Agency and PEKSUNG IP Ltd…
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 5 Dec 2022

Limitation of goods or services: national route or international registration route?

πŸ•‘ 8 minutes There are two routes to obtaining a Chinese trademark registration – namely, filing a national application with the China National Intellectual Property Administration or filing for international registration through the Madrid Protocol, designating China. This article explains the advantages and disadvantages of each in situations where the applicant or registrant wishes to......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 28 Nov 2022

BNIC successfully invalidates Chinese transliteration of "Cognac"

πŸ•‘ 3 minutes In 2015, a Chinese company, Zhejiang Zhen Wine Network Technology Ltd, applied for the registration of the trademark εΊ·ζΆ…ε…‹ ("Kang Nie Ke" in Chinese) in class 33. The National Interprofessional Cognac Bureau brought an invalidation proceeding against the mark, contending that εΊ·ζΆ…ε…‹ was a Chinese translation of "Cognac" and that "Cognac" was a famous foreign place name and an......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 21 Nov 2022

Bad-faith trademark squatting case spotlights role of agents

πŸ•‘ 2 minutes In April 2022, in the Emerson case – relating to the reimbursement of expenses in trademark administrative actions – the Fujian High People's Court confirmed the liability of the agency, Xin Jun Intellectual Property Co, Ltd, which accounted for 47 of the 48 contested trademarks. The Court's ruling imposes an obligation on trademark agencies to undertake cautious due diligence......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 17 Oct 2022

CNIPA upholds validity of compound patent

πŸ•‘ 3 minutes In one of the China National Intellectual Property Agency's (CNIPA's) top 10 patent reexamination and invalidation cases of 2021, the CNIPA upheld the validity of the Macitentan compound patent ZL01820481.3. The petitioner had claimed that the disclosure of the description was insufficient and that Macitentan did not possess inventiveness. This case sheds some light on the......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 3 Oct 2022

Creating consistency across civil and invalidity action involving same design patent

In China, design patent infringement litigation often proceeds in parallel with the counteraction – an invalidity proceeding instituted by the defendant challenging the validity of the design patent at issue. Since civil litigation and invalidity proceedings fall within the remit of the judiciary and the China National Intellectual Property Administration, respectively, this could give rise......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 26 Sep 2022

Court grants well-known trademark protection to Champagne GI

In a judgment rendered in early 2022, the Beijing Intellectual Property Rights Court affirmed that CHAMPAGNE, as a geographic indication and collective mark, held well-known status in China and granted it cross-class protection. The Comité Interprofessionnel du vin de Champagne raised the lawsuit after discovering that Guangzhou Xue Lei, a Chinese cosmetic company, had launched a perfume......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 19 Sep 2022

CNIPA proposes stricter rules on collective and certification trademarks

The China National Intellectual Property Administration (CNIPA) recently issued a notice seeking comments on the Draft Measures for the Administration and Protection of Collective and Certification Marks. The Draft Measures seem to impose on registrants, collective members and users of collective and certification trademarks high obligatory requirements. It remains to be seen whether the......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 12 Sep 2022

IP tribunal awards 3 million yuan to trademark owner in product modification case

The Qingdao Intermediate Court has rendered a decision in favour of Haier's IP arm, Qingdao HSZC Management Consulting Ltd, in a civil suit against a smart laundry machine solution provider, Wuxi Smile IoT Ltd. The Court held Wuxi Smile liable for trademark infringement and unfair competition, ordered cessation and awarded Haier's IP arm damages of 3 million yuan. Wuxi Smile had modified a......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 5 Sep 2022

Beijing High Court allows trademark registration for Chinese equivalent of "Milan"

Article 10.2 of China's Trademark Law sets out that a foreign geographic name known to the public may not be used as a trademark, unless it has another meaning. In an exemplary case, the Beijing High Court overruled an invalidation decision surrounding a trademark registration for "η±³ε…°", the Chinese equivalent of "Milan". The case may serve as a point of reference in prosecuting trademarks......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 29 Aug 2022

China's SPC streamlines IP jurisdictional rules

The Supreme People's Court (SPC) recently issued a new judicial interpretation to streamline the jurisdiction over first-instance IP cases in China, which was previously rather complicated. Through the new judicial interpretation, which categorises IP proceedings according to their degree of technicality, the SPC delegates jurisdictional power over first-instance civil and administrative IP......
Previous page 1 2 3 ...