作者:何放 张玥 金杜律师事务所争议解决部

当今社会,企业及公民的知识产权意识逐渐增强。当权利受到侵害后,权利人可以提起民事诉讼,寻求民事救济;也可以向行政机构投诉,请求查处侵权行为。此外,某些触犯刑律的严重侵犯知识产权的行为,还会受到刑事制裁。那么,当权利受到严重侵犯时,权利人应该如何协助主管当局将侵权人扔进监狱呢? Continue Reading 知识产权人如何协助主管当局将侵权人扔进监狱?

By Mia Qu King & Wood Mallesons’ Dispute Resolution group

The case

  • Plaintiff: China UnionPay
  • Defendants: Jinan Daonuo Information and Technology Co., Ltd. & Shandong Yuntai Mingde Information and Technology Co., Ltd.
  • Court of Trial (Level): Shanghai Intellectual Property Court (First Instance)
  • Nature of Case (Cause of Action): Infringement of the Exclusive Right of Registered Trademark and Unfair Competition

Continue Reading Case report: How such a concealed infringement of UnionPay’s intellectual property was brought to justice in China?

By Ni Zhenhua King & Wood Mallesons’ IP group

The Chinese patent litigation market is currently booming, with one key driver behind this boom being that many foreign entities and multinational companies are now pursuing enforcement of their patents in China because of a perception that the Chinese government has created an increasingly attractive environment for patent enforcement, as symbolized by, among others steps taken, the recent establishment of specialized IP Courts in Beijing, Shanghai and Guangzhou.  These entities/companies, though increasingly enthusiastic and optimistic about patent enforcement in China, are generally not familiar with the Chinese legal system and may have concerns about local protectionism and uneven application of the law.  In this article I would like to share a list of those questions most frequently asked by our clients in relation to patent litigation in China, and provide some basic and preliminary answers thereto.

Continue Reading Most Frequently Asked Questions about Patent Litigation in China

By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.

dang_zheAt the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China. Continue Reading How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?

By Xu Jing King & Wood Mallesons’ IP group.

01The specific measures established in this case provide a guiding standard to determine essential factors of irreparable damage to a patented design. This case serves as guidance and reference for handling other similar cases. Continue Reading Christian Louboutin’s fight against counterfeits of their lipsticks in China

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 Mia Qu, Hannah Sun and Wendy Dong King & Wood Mallesons’ Dispute Resolution group

qu_miaoTo protect your IP rights, sending potential infringers a Cease & Desist Letter or Warning Letter (the “Letter”) is one of the most common tools. Is it a necessary step before starting any legal proceedings in China?What legal consequences does it entail? Are there any issues that must be attended to? How effective is the Letter? This article will try to project a bird’s eye view regarding everything you should know before sending the Letter to your potential infringers.

Purpose of Sending the Letter

Sending the Letter is not a condition precedent for the right holder to initiate legal actions in China. The purpose of sending the Letter includes: Continue Reading Everything You Should Know before Sending a Cease & Desist Letter in China

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 King & Wood Mallesons

The Managing Intellectual Property (MIP), one of the most authoritative media in the world’s intellectual property (IP) sector, recently announced its 2017 patent and trademark firm rankings, in which, King & Wood Mallesons (KWM) was consecutively recognized as a Tier 1 firm in patent prosecution, patent contentious, trade mark prosecution and trade mark contentious in China based on the firm’s comprehensive leading strength in such areas. This result makes KWM again the only Chinese firm ranked as Tier 1 in the four categories since 2016. Continue Reading King and Wood Mallesons once again become the only Tier 1 Chinese firm in MIP’s four ranking categories

By Dang Zhe  He Shijia King & Wood Mallesons’ IP group

dang_zheOn 30 December 2016, the KWM IP litigation team helped US Deere & Company and its Chinese subsidiary John Deere (China) Investment Co., Ltd. (“Deere China”) win at first instance a lawsuit involving trademark infringement and unfair competition. The Beijing IP Court confirmed that Deere & Company’s trademarks, “JOHN DEERE” in Classes 7 and 12, and “约翰.迪尔” in Class 7 were well-known marks It ordered the three defendants to cease infringement,, make a public statement to eliminate adverse effects, found unfair competition and awarded the plaintiff RMB 5 million in punitive damages and RMB 360,000 in reasonable expenses. On 10 January 2017, at a press release for the second anniversary of the Beijing IP Court, the case was selected as a paradigm of “strengthening judicial protection of IPRs”.

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