By Ding Xianjie King and Wood Mallesons’ IP group
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
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. 
