By He Wei and Wang Yaxi, King & Wood Mallesons’ IP Group

The_weihe principle of good faith applies not only to the manner in which trademark rights are obtained, but also to the manner in which those rights are enforced through litigation. Trademarks may generate steady income for trademark holders due to the long



Continue Reading 互通互联 •保护创意—— 金杜举办世界知识产权日特别活动


2016年3月10日,金杜律师事务所在全球权威知识产权媒体《知识产权管理》的年度颁奖典礼上赢得“亚太年度最佳律所”大奖,并蝉联 “年度中国争议解决最佳律所”奖项。除了收获这两项深具影响力的荣誉之外,金杜知识产权团队还在该杂志2016年最新发布的专利及商标业务排名中,再次被评为专利申请、专利诉讼、商标申请及商标诉讼四个业务领域的中国市场一等律所。


By Li Zhongsheng Lei Peng King&Wood Mallesons’ Intellectual Property Group

untitledThe nature and products of some industries, like wireless telecommunications, necessitate the incorporation of all essential patents related to the products into standards created by standardization setting organizations (“SSOs”). If they are to find buyers, manufacturers whether licensed or not must make products in accordance

By Chen Changhui King&Wood Mallesons’ Intellectual Property Group

untitledCivil enforcement is the last step of civil litigation (incl. intellectual property (IP) litigation), which plays a key role to realise civil rights. Whether or not it operates smoothly tends to be a weighted indicator to a nation’s legal development.

Enforcement constitutes the last yet crucial step of the protection of IP right holders’ interests. However, similar to other civil disputes, arduous enforcement has always perplexed IP right holders, which may cause that they cannot get the full extent of compensation (or even no compensation at all). Given that, how to avoid such a problem has become an intractable issue for both IP right holders and their attorneys.
Continue Reading Enforcement: the last mile of intellectual property litigation

By Ou Xiuping  Xu Jing Yin Ji  King&Wood Mallesons’ Intellectual Property Group

01The legal framework of service invention is stipulated by the PRC Patent Law and the Regulation on Protection of New Varieties of Plants. Also in April 2015, the State Council solicited public opinion of the Regulations on Service Invention (Draft), which has been amended for the fourth time[1]. This article will closely study and analyse hot-spot issues in PRC legal practice with respect to disputes over service invention on the case study, including:
Continue Reading Invention for hire in PRC: what should practitioners know – I

By Qu Miao King&Wood Mallesons’ Intellectual Property Goup

qu_miaoThe Internet has introduced a new era of economic opportunity and growth, leading to the disruption of a large number of industries. It has also, however, given rise to a new set of issues and a new rights protection environment for traditional intellectual property (IP) professionals to

By Sun Mingfei and Gui Hongxia King&Wood Mallesons’ Dispute Resolution Group

sun_minguntitledOften the first battle that parties face in an intellectual property infringement dispute is determining which court has jurisdiction to hear the dispute. For many reasons, the plaintiff will usually wish to initiate proceedings at the court where the plaintiff has its domicile or at a court relatively experienced in intellectual property disputes. A plaintiff will generally try to avoid initiating proceedings at the court where the defendant has its domicile. When determining jurisdiction, the parties and the court should seek to determine the places with the most significant connection to the dispute. Apart from where the defendant has its domicile, the other place that will have a connection with the dispute will be the place of infringement. In an online environment, there have been many cases that have considered whether the place of receipt in an online transaction can be considered as the place of infringement. However, no uniform understanding has yet been reached in judicial practice. As a result, there have been a large number of jurisdictional challenges.
Continue Reading Do courts at the place of receipt in an online transaction have jurisdiction over patent infringement cases?

By Lin Jiuchu  Zhang Jiaqi King&Wood Mallesons’ Intellectual Property Group

林久初Case review

Teletubbies is a TV program jointly created by DHX Worldwide Limited and a subsidiary corporation of BBC for children. It was broadcasted by BBC between 1997 and 2001 and became very popular nationwide. Ever since its debut, Teletubbies TV program has gained huge business success and numerous rewards and was broadcasted by 35 media in 120 countries. CCTV also introduced it into China and began to broadcast it on February 11, 2002, since when it was adored and watched by a large number of Chinese children and parents. Apart from the TV program, its correlative CDs, books, stuffed toys and clothes were also very popular. As the name of a famous TV program and cartoon characters, Teletubbies was widely known in China in a very short time.
Continue Reading Legitimate rights of the specific name of famous services, TV programs and cartoon characters shall be protected as prior rights under Article 32 of the 2014 Trademark Law