On January 28, 2020, the China National Intellectual Property Administration(CNIPA) issued a notice named the Matters Concerning the Term of Patents, Trademarks, and Layout Designs of Integrated Circuits Affected by the Epidemic.
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CINIPA started to publish the trademark opposition decisions online
On February 18, 2020, the Trademark Office(TM office) of the China National Intellectual Property Administration (CNIPA) issued a notice named Online Publication of the Decisions on Trademark Oppositions.
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Trademark Use or Not? Trademark Infringement or Not? –The Supreme People’s Court of the P.R.C. Made its Latest Voice in an OEM Related Trademark Infringement Case
Under normal circumstances, OEM refers to the situation where a Chinese manufacturer enters into an entrustment contract with an overseas company that owns the trademark(s), sometimes in China but in most cases, in other jurisdictions.
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Trademark Use or Not? Trademark Infringement or Not? –The Supreme People’s Court of the P.R.C. Made its Latest Voice in an OEM Related Trademark Infringement Case
By Jiao Hongbin and Liu Yuxin
Under normal circumstances, OEM refers to the situation where a Chinese manufacturer enters into an entrustment contract with an overseas company that owns the trademark(s), sometimes in China but in most cases, in other jurisdictions. The Chinese manufacturers are required to produce or process products according to the requirements of this overseas company, attach its trademark(s), and deliver all products to another country designated by this overseas company with no sales in China. Things become complicated when the overseas’ company’s trademarks registered outside China are registered by a third party which has no relation with the overseas company at all in China.
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New Amendments of Chinese Trademark Law will Provide Stronger Protection to Trademark Owner in Good Faith
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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Principles for Determining Damages Compensation in Intellectual Property Cases
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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2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C
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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1st Civil Case Recognizing Well-known Trademark on Similar Goods
By Dang Zhe, He Shijia King & Wood Mallesons’ IP group
Recently, the KWM IP litigation team, on behalf of Deere & Company, won the final trial of a lawsuit involving trademark infringement and unfair competition. The defendants were John Deere (Beijing) Agricultural Machinery Co., Ltd and other two.
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A Case Study of VON DUTCH (Ⅱ)
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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New Facilitation Measures for Trademark Registration
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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