The long-awaited Supreme Court’s trademark judicial interpretation -“Provisions of the SPC on Certain Issues Related to Trials of Administrative Cases Involving the Grant and Confirmation of Trademark Rights” (“Provisions”) – has been just published in January 2017 and will enter into force on March 1st , 2017. The new Provisions address the outstanding challenges and
Intellectual Property
Alibaba Launches “Big Data Anti-Counterfeiting Alliance”
Alibaba is trying to prove its continuing efforts in fighting counterfeits, as it has been put back to the Notorious Market List. Brand owners may evaluate the effectiveness of the “Big Data Anti-Counterfeiting Alliance” and see if it benefits their online enforcement programs.
On 16th January, Alibaba Group announced the establishment of “Big Data Anti-Counterfeiting…
Merchandising rights in China: judicial protection for commercial interests
Authored by Mr. He Jing (hejing@anjielaw.com) and Ms. Lyu Pei (lvpei@anjielaw.com) at Anjie Law Firm
Precis: Ground-breaking decisions have made merchandising rights a useful tool in the battle against bad-faith trademarks
Many rights holders have had frustrating experiences when it comes to fighting bad-faith trademark squatters in China. However, several recent cases have…
Supreme Court Reforms Patent Lawsuit Rules
Authored by Mr. He Jing (hejing@anjielaw.com) and Mr. Liu Liangyong (liuliangyong@anjielaw.com) at Anjie Law Firm
The Supreme Court of China released a new set of judicial interpretations governing the patent infringement lawsuits in March, which has entered into force on April 1 2016. The new judicial interpretation is intended to further enhance…
The Magic of China IP Misuse Guidelines
Authored by Mr. He Jing (hejing@anjielaw.com) and Mr. Hou Lei (houlei@anjielaw.com) at Anjie Law Firm
The drafting process of various China IP misuse guidelines, circulated by National Development and Reform Commission (NDRC) and State Administration for Industry and Commerce (SAIC), have taken up lots of attention in recent months. The multiple editions…
Draft Amendment to Anti-Unfair Competition Law
Authored by Mr. He Jing (hejing@anjielaw.com) and Ms. Dong Xue (dongxue@anjielaw.com) at Anjie Law Firm
The Draft Amendment to Anti-Unfair Competition Law (AUCL) has long been awaited and discussion on its proposed revisions is now heating up. Drafted by the State Administration of Industry and Commerce (SAIC) and released by State Council…
OEM Liability Decision Protects against Bad-faith Trademarks, but Leaves Border Protection Questions Unanswered
Authored by Mr. He Jing (hejing@anjielaw.com), Mr. Zhao Kefeng (zhaokefeng@anjielaw.com) and Ms. Anita Chen at Anjie Law Firm
China’s Supreme People’s Court (SPC) recently held that an original equipment manufacturer (OEM) may not be held liable for trademark infringement for exporting products bearing a trademark that is registered outside China. The SPC ruled
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Will China Welcome Amicus Briefs in Patent Cases?
Authored by Mr. He Jing (hejing@anjielaw.com) at Anjie Law Firm
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Beijing Higher People’s Court Recognises “Merchandising Rights” as Tool to Fight Bad-faith Applications
Authored by Mr. Zhao Kefeng (zhaokefeng@anjielaw.com) and Mr. Han Jinwen (hanjinwen@anjielaw.com) at Anjie Law Firm
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SIPO Shifts on Data Disclosure Requirement
Authored by Mr. He Jing (hejing@anjielaw.com) and Mr. Mr. Wu Li(wuli@anjielaw.com) at Anjie Law Firm
Article 26.3 of the Chinese Patent Law specifies a sufficient disclosure requirement: “the description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person …