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On April 22, 2021, Xiamen IP Tribunal issued a judgment for Emerson Electric Co. (“Emerson”), ordering the defendants – Company A, Company H, and their person in charge, Mr. W – to stop its trademark piracy that had been lasted for 10 years, compensate attorney fees, and make a public statement to eliminate negative effects.
Continue Reading Chinese Court Issues Its First Injunctive Order against Trademark Piracy and Granted Recovery of Attorney Fees for the Genuine Brand Owner

According to Article 14 of the Trademark Law, well-known trademarks in China can be recognized through judicial and administrative channels.
Continue Reading CNIPA Issued Guidance on ‘Notice on Strengthening the Protection of Well-known Trademarks in Handling Cases Involving Trademark Infraction

On 8 February 2021, the Securities and Futures Commission of Hong Kong* (the “SFC”) issued a consultation paper[1] (the “Consultation Paper”) which, if enacted as proposed, would have a far-reaching impact on the way in which public offerings of equity and debt securities are made in Hong Kong SAR. Comments to the Consultation Paper will be open through 7 May 2021. The Consultation Paper was issued exactly one week after the end of the consultation period (1 February 2021) for a consultation paper by The Stock Exchange of Hong Kong Limited (the “SEHK”) that dealt with increasing the profit requirement for the Main Board.[2] That earlier consultation paper by the SEHK generated much debate from certain market participants and we expect that the Consultation Paper will likewise invite significant discussion in the industry.
Continue Reading SFC’s Consultation: Bookbuilding and Placing in ECM & DCM

In the field of medicine, the research and development of innovative drugs often require a large amount of capital and human resources. It often takes billions of dollars of investment and years of experimentation and examination before the drugs can finally be marketed. Thus, innovative drugs belong to a special field highly dependent on intellectual property protection. Only by strengthening the protection of intellectual property rights, especially the protection of medicine-related patents, can we continue to promote the development of more and more innovative drugs, thereby helping to ensure the life and health interests of the people.
Continue Reading Stability Analysis of Patents with Compound Subject Matter during Invalidation Stage

At the end of 2020, China National Intellectual Property Administration (CNIPA) published the latest version of revision of the Guidelines for Patent Examination, all of which were aimed at Chapter X of Part II (“Some Provisions on Examination of Invention Applications in the Field of Chemistry”). The revision came into force on January 15, 2021. The revision involves many aspects, mainly including supplementary experimental data, as well as judgement of novelty and inventiveness of patent applications for inventions for compounds and inventions in biological field. The revision of supplementary experimental data may mainly be intended to meet China’s commitments in the Sino-US trade agreement；therevision of compound inventions is intended to eliminate the discord between Chapter IV (Inventive Step) and Chapter X (Chemical Inventions) of the Guidelines for Patent Examination；and the revision of inventions in biological field clarifies examination practices in the past several years on the grounds that the old Guidelines for Patent Examination could not keep pace with development of science and technology. There is no doubt that the revision will have a great impact on future prosecution of patent applications. The revision will be described in detail below.
Continue Reading Interpretation of Main Points of Revision of the Guidelines for Patent Examination (2020)

 2020 witnessed a continuing economic slowdown around the globe, along with the unexpected outbreak of COVID-19. In June, the World Bank forecasted that the global economy would shrink by 5.2%, while the Organization for Economic Co-operation and Development (OECD) projected a decline of 4.2% in the 2020 economy.
Continue Reading 2020 China Tax Review

At the beginning of 2021, China issued another important statute on trade compliance – the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Rules”), following the promulgation and implementation of the Provisions on the Unreliable Entity List (“UEL Provisions”) and the Export Control Law and other relevant laws and regulations in the second half of last year. The Rules have attracted wide public attention and media coverage since its introduction. China has not yet issued any prohibition order on the application of any specific extra-territorial laws in accordance with the Rules, and the enforcement requirements of the relevant provisions thereof are still up in the air. However, a number of enterprises have already encountered various problems in practice. In this article, we will continue to discuss the following key issues upon the implementation of the Rules by referring to similar rules and relevant cases in other countries.
Continue Reading International Comparative Study on Several Issues of the Blocking Rules