Written by:Xu Jing Ye Wanli(Intellectual Property)

Fighting against trademark piracy has become one of the priorities in the governance of trademark system in China for years, which has also been a long-time headache to genuine brand owners. The most common strategy is to file oppositions to defeat registration of the pirate marks, in order to avoid market confusion among the public if the pirate marks are used for commerce. While most of the bad-faith filing can be defeated at the early stage under the current practice, the strategy incurs significant costs for genuine brand owners – legal costs, such as attorney fees for filing oppositions, are substantially higher than the costs of trademark pirates. This imbalance of costs makes trademark piracy “unstoppable”, resulting in continuous and strong interference with ordinary business operation of genuine brand owners.

Continue Reading Trademark Piracy Results in Civil Liabilities? Note on Emerson Electric v. Xiamen Anjier

Written by:Liao Fei(Intellectual Property)

On April 13, 2022, the CNIPA issued the “Notice on Continuously Cracking down on Malicious Trademark Registrations” (hereinafter referred to as “the Notice”), continuing to maintain the high-pressure “zero tolerance” posture and the normalized crackdown mode. The Notice stressed that strengthened efforts will be made to fight against malicious hoarding and preemptive registration in trademark, which are highlighted by the activities of “hoarding ” and “free-riding” of trademarks, in accordance with the regulations on malicious application for trademark registration with no intent to use as in the “Guidelines for Trademark Examination and Trial”.

Continue Reading CNIPA Releases “Notice on Continuously Cracking down on Malicious Trademark Registrations”

作者:徐静 叶万理(知识产权部)

Continue Reading 商标抢注也需承担民事赔偿责任 ——浅析艾默生公司诉厦门安吉尔水公司不正当竞争纠纷案



Continue Reading 国家知识产权局发布《关于持续严厉打击商标恶意注册行为的通知》


Continue Reading 無効戦略に基づいて特許権者が明細書の記載が不十分であることと特許が進歩性を具備しないことを二者択一にする

I.Case in brief

This case relates to a patent for a cooled regenerated catalyst circulating method in the field of catalytic cracking, which is mainly used for catalytic cracking of heavy raw materials and catalytic upgrading of gasoline. The patent involved has achieved commercial success in the society and won the national science and technology award after it was published. The title of the patent is: “Method and equipment for circulating cooled regenerated catalyst”. Specifically, it relates to a fluidized catalytic cracking process where hydrocarbon feedstock is caused to contact and react with the catalyst in the riser reactor, the reactant flows into the settler to separate the catalyst from oil and gas, the separated catalyst to be regenerated is stripped in the stripping section and then enters the regenerator for coking regeneration, and thereafter, the regenerated catalyst is returned to the riser reactor for recycling. Claim 1 recites “fluidized media distribution facilities are provided at the lower part, and a catalyst mixing buffer space is provided in the downstream”, and such technical feature is also described in the description accordingly. The key technical dispute in this case focuses on the “mixing buffer space” located “downstream”.
Continue Reading Formulating Invalidation Strategy to Force Patentee to Pick One out of Insufficient Disclosure of Description and Lack of Inventiveness


Continue Reading 基于无效策略使专利权人在说明书公开不充分与专利不具有创造性之间进行二选一

I.Case in brief

China began to implement exhaust emission standards in 2001, which has gone through five stages and will soon enter in the sixth stage (CHINA VI). The exhaust gas reduction technology used in each stage is different accordingly. The two patents involved in this case protection is a metering pump device being used for exhaust gas purification, and the two involved exhaust gas reduction technologies meet CHINA V emission Standards and will not be adopted by CHINA VI Standard. Once China fully enters the CHNIA VI era in terms of exhaust emission standards, the metering pump devices claimed in the two patents conforming to the CHINA V Standards will be completely obsolete. Therefore, for the Plaintiff (i.e. the Patentee), there is a technical timeliness limitation in the case, i.e., if the Plaintiff cannot win the patent infringement lawsuit before China fully enters the CHINA VI stage, the technologies claimed in the subject patents will be out of date, and the subject patents will also be useless.
Continue Reading Designing Invalidation Strategy to Obtain Technical Feature Interpretation Favorable for Non-infringement Defense in Invalidation Procedure


Continue Reading 無効審判手続きで意図的に権利非侵害の抗弁に有利な構成要件の解釈を得る無効戦略の設計


Continue Reading 设计无效策略在无效程序中针对性取得对不侵权抗辩有利的技术特征解释结果