King & Wood’s Intellectual Property Group

In recent years, the world has witnessed several milestone events signaling the arrival of a new generation of global internet companies. Apart from the much-hyped dawn of social media, there is a much broader trend taking place, one that has outgrown the traditional boundaries of the tech sector itself. “In short,” as Marc Andreessen wrote in a recent Wall Street Journal column, “software is eating the world.” As corresponding developments are happening in China, this new era has caused and will continue to cause dramatic implications on the monitoring and enforcement of intellectual property rights in the country.


Continue Reading Enforcing Intellectual Property Rights in the Next Internet Era

By King & Wood Intellectual Property Group

Liu Zhaolong, a Chinese national, was found to have purchased raw wine, bottles, bottle caps, labels, bottle capping equipment and other illegal materials and tools, and manufactured counterfeit wines imitating Chivas, Remy Martin, Ballantine’s, Jack Daniels, Martell, Hennessy, Royal Salute and other famous wine brands. Liu filled the counterfeit wines and distributed them to several cities in China, the illegal turnover of which has been over RMB 200,000 (around US$31,250). As a result, Beijing Daxing District Court found that Liu Zhaolong had violated the provisions of Article 213 of the Criminal Law of China and committed the crime of counterfeiting a registered trademark.


Continue Reading Criminal Liability: the Last Resort for Trademark Protection

金杜律师事务所知识产权

因未经注册商标权人许可,自行购买原料酒、酒瓶、酒盖、标签、封盖机等原料和犯罪工具,通过灌装方式假冒芝华士、人头马、百龄坛、杰克丹尼、马爹利、轩尼诗、皇家礼炮等著名洋酒,销往全国数个城市,非法经营额达到20余万元,刘兆龙被北京市大兴区人民法院认定触犯中国《刑法》第213条,构成假冒注册商标罪。


Continue Reading 恶意仿冒马爹利等知名洋酒品牌获刑—-刑事责任,商标保护的最后一道屏障