On April 21, 2020, Beijing Higher People’s Court released the Guidelines on Determination of Damages and Statutory Damages in Disputes over Intellectual Property and Unfair Competition (the “Guidelines”). It provides detailed guidelines on methods of damages calculation, punitive damages, recovery of attorney fees, evidence rules on defendant’s failure of producing evidence, and statutory damages. While the Guidelines have binding force among all the courts in Beijing, but it mirrors many existing practices across the country and is actually a secondary authority for all People’s courts. This note serves as an overview of those provisions related to trademark and passing off in the Guidelines followed by our comments and recommendations.
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China issues guidelines on overseas investments
By Andrew Fei King & Wood Mallesons’ sydney office
On 18 August 2017, as part of the Chinese government’s ongoing efforts to regulate overseas investments by Chinese companies, China’s State Council published a set of investment guidelines (Guidelines) formulated by four key regulators – the National Development and Reform Commission, Ministry of Commerce, People’s Bank of China and Ministry of Foreign Affairs (collectively, PRC Regulators).
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Notice of the Higher People’s Court of Beijing on Guidelines for Trial of Administrative Cases Involving Granting and Determination of Trademark Rights
By Ding Xianjie Yang Hua King & Wood Mallesons’ Trademark Group
According to Chinese Trademark Law, the party concerned in cases involving granting or determination of trademark rights against the decisions of the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) must bring an administrative proceeding to the First Intermediate People’s Court of Beijing Municipality. The second instance made by the Higher People’s Court of Beijing ( “Beijing Higher Court“) is a final judgment.
Recently, Beijing Higher Court publishes the Guidelines of Trial of Administrative Cases Involving Granting and Determination of Trademark Rights (the “Guidelines“）, which includes 30 Articles concerning the issues on recognition and protection of well-known trademarks, recognition and protection of geographical indications, determination of confusion and misidentification, protection of prior rights of copyright and rights to names, as well as the relevant court trial procedures under circumstances that the business license of a party has been revoked but the party has not gone through the termination formalities of its company. The main points are as below.
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Crisis Management——Is Your Company Ready?
By King and Mallesons’ Compliance Practice Group
“Crisis” usually refers to the dangerous and emergency status caused by sudden incidents. Doing business in China, it is very frequent that companies have to handle various types of crisis from time to time, including crisis caused by mass labor disputes with employees (“Employee Related Crisis”). Among the complicated reasons causing the Employee Related Crisis, a company’s mis-anticipation of employees’ responses is one of the primary reasons intensified the tension between companies and the employees.
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