By Ni Zhenhua King & Wood Mallesons’ IP group.

ni_zhenhuaThe exemplary case of SAP SE

SAP SE (the Plaintiff), founded in 1972 and headquartered in Walldorf, Germany, is the largest provider of enterprise management and collaborative commercial solutions in the world. It is also the world’s third largest independent software supplier, with more than 102,500 enterprises in 120 countries worldwide using SAP software and over 80% of Fortune 500 enterprises benefiting from its management solutions. In the 1980s, SAP SE entered the Chinese market. Thanks to its successful operation over three decades, it has won great recognition in China.  Continue Reading Protecting foreign copyright in China: how is compensation for damages calculated?

By King & Wood Mallesons

20 May 2017, King & Wood Mallesons (KWM) was ranked as a Tier 1 law firm in both Patent and Trademark/Copyright in the Asian Legal Business (ALB) 2017 IP Rankings for the third consecutive year. Taking account of factors including volume, complexity and size of work undertaken, clients, team, and the firm’s year-on-year development and growth momentum, ALB concluded the final rankings in the two categories of patent and trademark/copyright. KWM’s IP team strengthens its leading position in both contentious and non-contentious by this ranking, with outstanding and first-class expertise and reputation among clients. Continue Reading King & Wood Mallesons Continuously Tops ALB 2017 IP Rankings in the Third Year

By Wang Feihong (partner) and Liu Ying (senior associate)

China has always been known for its sporting prowess. With a well-established popularity, the sports industry enriches people’s lives and has become an important sector for China’s economic reform. In 2014, the state department released Several Opinions of the State Council of the People’s Republic of China on Accelerating the Development of the Sport Industry and Promoting Sport Consumption, contemplating the rolling out by 2025 of a comprehensive system of sporting activities, with new products, a mature market mechanism, and catering for greater consumer demand. Sport industry revenue is expected to exceed RMB 5 trillion, becoming a driving force of economic and social advancement.

Sporting tournaments, an integral part of sport activity, are a key component behind the success of the industry. Accordingly the state department is promoting various types of sports tournaments.

This article discusses whether sports tournaments are protected by copyright, which would facilitate the development of the sports industry.

Read full article, please click here.

By Yang Xiaoli and Jiang Limei, King & Wood Mallesons IP Group 

杨晓莉Key issues: The requirements for recognizing whether a prior trade name has certain fame can be lowered under the condition that the relevant party acts in bad faith. 

Lexani Wheel Corporation (hereinafter referred to as “Lexani” or “plaintiff”) has been using “LEXANI” as its trade name since 1996. 001(Lexani & design) is a leading brand in the field of custom wheel hubs and wheels. In China, Lexani has authorized third parties to produce “LEXANI” branded wheel hubs in its name since 2005.

On February 5, 2007, a Ms. Wang applied for the registration of trademark “002 ” (hereinafter referred to as “the opposed mark”) under No. 5888878 in respect of wheel hubs, wheels, and other car related products in class 12.  Continue Reading How to Recognize “Certain Fame” of a Prior Trade Name

By Jiao Hongbin  King & Wood Mallesons’ Intellectual Property Group

On March 31, 2012, the National Copyright Administration of the PRC (NCAC) released the Draft Amendments to the Copyright Law of thePRC (the “Copyright Law”) (the “Draft Amendments”) and the Brief Explanations on the Draft Amendments (“Brief Explanations”)[i] for soliciting public opinions. Unlike the two previous revisions, the Draft Amendments proposed by China on its own initiative are home-grown. 

The prevailing Copyright Law was adopted by the 7th Standing Committee of the National People’s Congress (NPC) on September 7, 1990 and became effective on June 1, 1991. Two revisions in 2001 and 2010 were undertaken in light of China’s involvement with the World Trade Organization (WTO). The first revision was made for China’s entry into the WTO, where modifications and complements were made to coordinate the inconsistencies between the Copyright Law and the Trade-Related Aspects of Intellectual Property Rights (TRIPS); two articles were revised in 2010 with an aim to enforce a WTO panel ruling on the dispute over intellectual property rights (“IPRs”) between China and the United States.

Continue Reading Key Disputable Issues regarding the Draft Amendments to China Copyright Law

作者:矫鸿彬  金杜律师事务所知识产权

2012年3月31日,中华人民共和国国家版权局公开《中华人民共和国著作权法》(“《著作权法》”)(修改草案)文本和关于草案的简要说明[i],向社会公开征求意见,此次修订被视为是中国对《著作权法》的首次主动修改。

现行的《著作权法》是1990年9月7日由第七届全国人大常委会审议通过并于1991年6月1日起施行,曾于2001年和2010年进行过两次修订,均与世界贸易组织有关。2001年进行的第一次修订是为了满足中国加入世界贸易组织的需要,对《著作权法》与世界贸易组织《与贸易有关的知识产权协议》不一致的地方进行了修改或补充;2010年进行的第二次修订是为了执行世界贸易组织关于中美知识产权争端案的裁决,对著作权法进行的只涉及两个条文的小修改。 

Continue Reading 《中华人民共和国著作权法》第三次修改草案的主要争议问题

King & Wood’s Intellectual Property Group

In recent years, the world has witnessed several milestone events signaling the arrival of a new generation of global internet companies. Apart from the much-hyped dawn of social media, there is a much broader trend taking place, one that has outgrown the traditional boundaries of the tech sector itself. “In short,” as Marc Andreessen wrote in a recent Wall Street Journal column, “software is eating the world.” As corresponding developments are happening in China, this new era has caused and will continue to cause dramatic implications on the monitoring and enforcement of intellectual property rights in the country.

Continue Reading Enforcing Intellectual Property Rights in the Next Internet Era

By King & Wood’s Intellectual Property Group

Pursuant to the judicial interpretations enacted by the Supreme People’s Court of China in February 2008, if a prior registered trademark owner files an infringement lawsuit against the use of a latter registered trademark, courts will refuse to accept the case. The prior trademark registrant must first initiate a trademark dispute action with the China Trademark Review and Adjudication Board (TRAB) to invalidate the latter registered trademark. The are various reasons that may prevent the latter registered trademark from being invalidated within a short period of time, making it difficult for the prior registrant to prevent continued infringement by the latter mark in a timely manner.

Continue Reading Copyright, a Drawn Sword towards Bad Faith Trademark Registration

金杜律师事务所知识产权

根据中国大陆最高人民法院于2008年2月作出的生效司法解释,依据在先注册商标对在后注册商标的使用提起商标侵权诉讼的,法院不予受理,在先权利人应首先向商标评审委员会请求撤销在后申请的注册商标。这种情况导致权利人在基于各种原因无法及时撤销在后注册的侵权商标的情况下,很难制止其使用。

但是,如果在侵权注册商标的申请日之前,权利人对相同、近似商标享有其他种类的在先民事权利,比如,著作权、企业字号权、肖像权、姓名权、外观设计专利权等,权利人可依据该在先权利对侵权注册商标的使用直接提出侵权之诉,同样可达到制止后者使用的目的。

Continue Reading 著作权,对抗恶意注册商标的一把利剑

By Richard W. Wigley of King & Wood’s Intellectual Property Group

Today in China, in conjunction with World IP Day 2011, numerous governmental agencies will actively begin a week-long promotion of the role of intellectual property in the nation’s economy, according to Han Xiucheng of the State Intellectual Property Office (“SIPO”)1. Such efforts are to be lauded, but it is well known that copyright piracy rates in China are still significantly higher (80-90+%, depending on the type of work) than those seen in developed countries, such as the United States. Copyright piracy results from a combination of factors, including not only the effectiveness of the enforcement regime, but also from consumers’ attitudes toward pirated works. There has been a shift in recent years in China away from pirated works and toward legitimate works, but this shift has been slow due to a variety of reasons. Into this dynamic, it is valuable to look at some of the most recent efforts of the P.R.C. government to reduce copyright piracy across China.

Continue Reading World IP Day 2011 in China Shows Progress in Copyright Protection, though Challenges Remain