Approved and announced by the Standing Committee of National People’s Congress on April 23, 2019, new amendments of Chinese Trademark Law become effective on November 1, 2019.  Focusing on the attempts to stop trademark squatters and trademark infringement, six articles of the current Trademark Law are amended.
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by Zhang Xiaoxia  KING & WOOD MALLESONS

Preview:

On 27 February 2018, the General Office of the Central Committee of the Communist Party of China (CCCPC) and the General Office of the State Council issued the Opinions on Several Issues Concerning Heightening Reform and Innovation in Intellectual Property Right Trial Field. The second part of Article 2 specifically stresses two points: “First, adhering to the value orientation that intellectual property rights create value, and right holders deserve interests in return. A judicial determination mechanism for damages, with compensation as the principal means and punishment as the supporting means, shall be established, and the problem of “low-value compensation” in action against infringements on intellectual property rights shall be resolved first. Second, tightening punishment for infringements on intellectual property rights and reducing enforcement costs.
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By Jiao Hongbin  King & Wood Mallesons’ Intellectual Property group.

On April 19, 2018, the Supreme People’s Court of the P.R.C released top 10 IP typical cases as well as additional 50 typical IP cases of the year 2017. We have summarized 19 out of the 22 trademark cases among them which involves the recognition of generic name, the protection of unregistered trademark, fair use of a trademark etc., for your easy reference.
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By Lin Jiuchu, Zhang Jiaqi and Xu Huiwen  King & Wood Mallesons’ IP group

Case profile

On 10 June 2015, ROYER BRANDS INTERNATIONAL S.A.R.L. (“Royer”) filed an application with the PRC Trademark Office (“CTMO”) to register trademark No. 17165854 “” for designated goods in Class 14. This class includes unprocessed and semi-processed precious metals, jewelry boxes, sleeve buttons, cufflinks, jewelry, watches and so on.
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By Yang Hua King & Wood Mallesons’ IP group

To increase the quality and efficiency of trademark examinations, China Trademark Office has recently introduced new facilitation measures and plans for trademark registration, including:

  • implementing electronic issuance of documents
  • speeding up the examination process
  • reducing the time allowed to oppose or provide supplementary evidence
  • introducing the obligation to provide proofs of use after registration.


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作者:杨华 金杜律师事务所知识产权部

为进一步提高商标审查质量和审查效率,近日中国商标局推出更多商标注册便利化措施或计划,其中多项计划中的举措比如推广全面电子发文、加快审查周期、压缩异议或补充证据期限、增加注册后的提供使用证据义务等等举措可谓变化较大,值得广大商标权利人和行业从业者关注。具体如下。 
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By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.

dang_zheAt the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China.
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By King & Wood Mallesons

20 May 2017, King & Wood Mallesons (KWM) was ranked as a Tier 1 law firm in both Patent and Trademark/Copyright in the Asian Legal Business (ALB) 2017 IP Rankings for the third consecutive year. Taking account of factors including volume, complexity and size of work undertaken, clients, team, and the firm’s year-on-year development and growth momentum, ALB concluded the final rankings in the two categories of patent and trademark/copyright. KWM’s IP team strengthens its leading position in both contentious and non-contentious by this ranking, with outstanding and first-class expertise and reputation among clients.
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