Trademark squatting has been a common occurrence in China for many years, and even been a kind of “business” by trademark squatters, which has caused huge troubles to brand owners. It is not the case, as ordinary people might think, that all types of trademark squatting can be regulated by the explicit provisions of existing laws, otherwise the phenomenon would not be so difficult to eradicate.
Continue Reading A new ground to defend bad faith trademark registration – CNIPA rules that new trademark application should reasonably yield to prior trademark right if the applicant has full awareness of other’s prior trademark

Continue Reading 明知他人商标的存在,在申请新的商标时理应合理避让

Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither constitute trademark infringement nor unfair competition.
Continue Reading First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court

Continue Reading 广州知识产权法院首例涉平行进口商标侵权及不正当竞争纠纷尘埃落定

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.
Continue Reading Guidelines on Damages Calculation in IP Disputes

Continue Reading 北京市高级人民法院发布知识产权案件损害赔偿计算指导意见

On 21 April 2020, The Supreme People’s Court of the P.R.C. released Top 10 IP cases and 50 typical IP cases. We summarized the 5 trademark cases out of the top 10 cases below which respectively involve OEM,  invalidation based on adverse effect, punitive compensation,  protection of well-known trademarks, and application of “three-in-one” intellectual property adjudication system.
Continue Reading 2019 Top10 IP Typical Cases Released by the Supreme People’s Court of the P.R.C. – Trademark cases

2020年4月21日, 最高人民法院公布了2019年中国法院10大知识产权案件和50件典型知识产权案例。在十大知识产权案件中涉及商标法的有5件,我们在此总结了相关案情和典型意义。这五件案件分别涉及到定牌加工的侵权问题,不良影响的商标禁注禁用,惩罚性赔偿,保护知名品牌,以及“三合一”知识产权审判机制的运用问题。
Continue Reading 最高人民法院公布的2019十大知识产权案件中商标案件简评