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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…
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Wanhuida Intellectual Property | China | 6 Dec 2021

Two crocodiles before Supreme People's Court of China

The battle between the French company Lacoste and the ex-Singaporean company Cartelo over their crocodile device trademarks has been going on in China for over two decades. In a retrial case concerning the refusal of one of Cartelo's trademarks, the Supreme People's Court fully reviewed and analysed some of the main aspects of the conflict.
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Wanhuida Intellectual Property | China | 29 Nov 2021

Procter & Gamble fends off unreasonable patent lawsuit in China

In what is becoming an increasingly common occurrence, another multinational corporation has become the target of unreasonable patent assertion in China. Brand owners should familiarise themselves with the facts of this case in order to take evasive action against opportunists. The newly amended Patent Law provides a remedy against bad-faith assertions, meaning that multinationals with more......
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Wanhuida Intellectual Property | China | 22 Nov 2021

Lessons learned: ending a trademark licence agreement in China

Litigation relating to joint investment and trademark licensing can be complex and costly, particularly if the parties' agreement did not foresee and carefully describe what would happen upon the termination of their relationship. Two famous cases concerning soft drinks in China provide an interesting illustration. This article analyses the two cases and examines the reasons for the different......
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Wanhuida Intellectual Property | China | 15 Nov 2021

How does the structure-activity relationship affect the inventiveness assessment of pharmaceutical compounds?

Drugs with good market prospects often fall victim to patent invalidation actions initiated by rivals or generic drug companies, with the validity of compound patents frequently being challenged. The focus of such contests ultimately lies in the inventiveness of the compound. This article examines a case that was selected as one of the China National Intellectual Property Administration's top......
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Wanhuida Intellectual Property | China | 8 Nov 2021

Consumers win in public interest civil lawsuit

The Wuxi Intermediate People's Court recently awarded punitive damages to consumers of counterfeit coffee purporting to be from US coffee-maker Starbucks. Unlike traditional trademark infringement cases, where the rights owner is the plaintiff, this case was unusual as it had been initiated by the Consumers Council of Jiangsu Province – a non-governmental organisation for the protection of......
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Wanhuida Intellectual Property | China | 1 Nov 2021

Online infringement in China – case law update

Chinese courts have tackled the issue of abusive takedowns by allowing online sellers to seek a court injunction to cease takedown actions or restore removed links (known as "reverse injunctions"). Chinese courts have also gradually developed a consistent practice of dismissing infringement cases filed by bad-faith trademark squatters. This article explores recent case law relating to online......
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Wanhuida Intellectual Property | China | 25 Oct 2021

Online infringement in China – legislation update

In response to criticism regarding the delisting procedure offered by e-commerce platforms and the lack of effective actions by major e-commerce platforms to prevent IP infringements, the Supreme People's Court released two judicial documents: one that is generally applicable to all internet service providers and one that targets e-commerce platforms. In general, these two judicial documents......
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Wanhuida Intellectual Property | China | 18 Oct 2021

Stihl successfully invalidates infringer's colour combination mark

The registration and protection of non-traditional trademarks has always been a challenge for brand owners. This article discusses a case where the China National Intellectual Property Administration invalidated a colour combination mark on the ground of lack of distinctiveness. As most non-traditional trademarks are often perceived as being devoid of inherent distinctiveness, brand owners......
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Wanhuida Intellectual Property | China | 11 Oct 2021

IP Court penalises obstruction of litigation in patent infringement suit

In a recent case, even though the defendant successfully convinced the appellate court that the technical features of the alleged infringing equipment did not fall under the scope of protection of the plaintiff's patent, which led to the repeal of the first-instance judgment, it was still penalised for obstructing the litigation during the proceedings. It seems that the IP Court used this......
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Wanhuida Intellectual Property | China | 4 Oct 2021

Protection of foreign GIs in China

In China, two different legal systems are used for the protection of geographical indications (GIs): the trademark system established by the China Trademark Office, now under the China National Intellectual Property Administration, and a sui generis protection system. While foreign GIs are protected even if they are not registered in China, it is preferable to register them as collective......
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