On June 15, 2020, Supreme People’s Court of the People’s Republic of China (the “SPC”) released a draft of the SPC’s Provisions on Evidence in Civil Proceedings Involving IP Disputes for public comments (the “Draft”). The deadline for accepting comments is July 31, 2020. The Chinese version is accessible through the SPC’s website[2] and an English translation is attached to this article for your easy reference.
Continue Reading OVERVIEW OF THE SPC’S DRAFT FOR COMMENTS FOR THE PROVISIONS ON EVIDENCE IN CIVIL PROCEEDINGS INVOLVING IP DISPUTES
SPC and SPP Seek for Public Comments for Multiple Drafts of IP-related Judicial Interpretations
We gathered the above-mentioned drafts of Judicial Interpretations, deadlines and emails for submitting comments as below for reference.
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Action Plan for Business Leaders to Tackle the COVID-19 Crisis
The world is adjusting to the new reality that has suddenly confronted us. As teams around the world embrace the latest technologies to communicate, now is the time for leaders to formulate and mobilize their strategies[2] to ride the wave of change. In situations such as a global pandemic, the cogs of pre-COVID-19 innovation simply move too slowly, and leaders should be seeking out speed, precision, and foresight to get them through.
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“Jiang Xiao Bai” Trademark Invalidation Case Selected as Typical Case in SPC’s Annual Report of 2019 on Intellectual Property Cases
By Jiao Hongbin
At the end of the year 2019, the Supreme People’s Court of the People’s Republic of China (“SPC”) made a retrial judgment on administrative dispute over the invalidation request against the renowned liquor brand “Jiang Xiao Bai”. With the help of KWM, Chongqing Jiangxiaobai Liquor Co., Ltd. (“Jiangxiaobai”) successfully reversed the disadvantageous situation of the second instance trial and finally won the retrial. The retrial judgment of this case put an end to a 7-year dispute over the validity of the trademark between Jiangxiaobai and Jiangjin Winery (Group) Co., Ltd. (“Jiangjin Winery”). It safeguards and reinforces the innovative achievements and market reputation of “Jiang Xiao Bai” brand, and to a great extent guarantees its future operation and development. On April 23, 2020, this case was selected as one of the 60 typical cases in the Annual Report of 2019 on Intellectual Property Cases of SPC.
Continue Reading “Jiang Xiao Bai” Trademark Invalidation Case Selected as Typical Case in SPC’s Annual Report of 2019 on Intellectual Property Cases
The Supreme court sharpens the “Blue Pencil Test” for restrictive covenants
In July 2019, the UK Supreme Court considered the enforceability of a restrictive covenant (in this case, a non-compete clause) in an employment contract. Restrictive covenants are binding conditions typically contained in employment contracts which aim to protect the employer’s business from acts of the employee. As the Hong Kong Courts recently adopted the Beckett Test (see below for further information) this case is highly likely to also be adopted by the Hong Kong Courts in the future.
Continue Reading The Supreme court sharpens the “Blue Pencil Test” for restrictive covenants
You may have Third Party Rights even if you don’t know a contract exists
Last year the UK Courts were not afraid to imply rights of third parties into contracts, such as letters of instruction. Chudley v Clydesdale Bank Plc showed possibility of third parties succeeding in making a claim under contracts to which they are not a party and highlights the importance of understanding (i) in which circumstances the Courts will do so; and (ii) which elements of drafting would help or hinder third party claims.
Continue Reading You may have Third Party Rights even if you don’t know a contract exists
Supreme People’s Court Provisions on Several Issues Concerning the Trial of Administrative Cases Involving Granting and Confirmation of Patent Rights (I) (Draft for Comment)
On April 28, 2020, the Supreme People’s Court issued the Provisions on Several Issues Concerning the Trial of Administrative Cases Involving Granting and Confirmation of Patent Rights (I) for public comment by June 15, 2020. This version is the version that the Supreme People’s Court reissued after the old version issued in June 2018. This article highlights the articles in this version of the revised draft that have caused widespread concern as follows.
Continue Reading Supreme People’s Court Provisions on Several Issues Concerning the Trial of Administrative Cases Involving Granting and Confirmation of Patent Rights (I) (Draft for Comment)
IP Joint Conference Office Announced Plan 2020, which will Enhance Protections for IP including Technology-related IP such as Patents from Multiple Aspects
On May 13, the Inter-Ministry Joint Conference Office of State Council of China for Implementing IP Strategy announced the Proceeding Plan of 2020 for Deeply Implementing the National IP Strategy and Accelerating to Build an IP Powerful Country (“the Plan 2020”), revealing reformation arrangements relating to IP for the year of 2020 on multiple aspects, including to deepen reformations in the fields relating to IP and to enhance protections for IP.
Continue Reading IP Joint Conference Office Announced Plan 2020, which will Enhance Protections for IP including Technology-related IP such as Patents from Multiple Aspects
Chinese Update – U.S. Listed Chinese Companies and the Holding Foreign Companies Accountable Act
On May 21, 2020, the United States Senate passed the Holding Foreign Companies Accountable Act (the “Bill”) with unanimous consent. The Bill would, if it becomes law, apply to Chinese companies listed on U.S. securities exchanges and require them to comply with U.S. regulatory and audit standards and information sharing or face the likelihood of delisting, notwithstanding that to do so may result in a breach of Chinese law.
Continue Reading Chinese Update – U.S. Listed Chinese Companies and the Holding Foreign Companies Accountable Act
Shareholders and directors: where basic procedures can trip you up
In February 2019, the UK’s High Court was asked to consider the effects of an invalid appointment of a director, via written resolution, on the subsequent appointment of administrators.
Continue Reading Shareholders and directors: where basic procedures can trip you up