Supreme People's Court Attempting to Reinvigorate China IP Enforcement

Authored by He Jing (hejing@anjielaw.com)

On October 22, 2013, the Supreme People’s Court (SPC) held a press conference in Beijing to announce 8 leading intellectual property (IP) court decisions.  The cases are all made by local courts in different cities and involved the granting of preliminary injunctive orders, reduction of the burden of proof on IP owners and an increase in the amount of compensation in civil cases, and intensified criminal penalties.  Almost all the claimed progress in the announcements relates to what has been asked for by foreign business communities. 

While it is worthwhile to remind that China is not a case law country, it is encouraging to see the new progress made in IP enforcement, which could be used as good precedents for IPR owners to push for more courts to follow.

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How Will the Trademark Law Amendment Change China Trademark Practice?

Authored by He Jing (hejing@anjielaw.com)

The Standing Committee of China’s National People’s Congress finally approved the China Trademark Law Amendment on August 30, 2013, after more than 7 years of deliberation and discussions.  The amendments will come into effect as of May 1, 2014.

To those who have closely followed the China trademark law amendment process, the final version is very similar to the version that the NPC reviewed during the second reading back in July.  The latest version does not have many surprises: the amendment increases the cap on statutory damages to RMB 3 million and re-adjusts the time limits within which the Trademark Office and Trademark Re-Examination Board (TRAB) must complete the trademark examination, opposition, cancellation, and appeals.  

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