Authored by Mr. He Jing (hejing@anjielaw.com) at Anjie Law Firm
Introduction
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Authored by He Jing (heijing@anjielaw.com) and Ms. Lyu Pei(lvpei@anjielaw.com) at Anjie Law Firm)
The State Intellectual Property Office (“SIPO”) is reviving its effort to amend the patent law. A new version of the proposed amendment was released for public comments with a deadline of the end of April 2014.
The earlier draft as released in 2013 attracted some criticism because of the administrative enforcement powers related to patent infringement cases. People were worried about the creation of a separate patent adjudication system. The new version still retains the administrative enforcement powers and also addresses delicate issues such as standard essential patents. Predictably, the new draft will lead to new rounds of heated debates.Continue Reading China’s Patent Office Inviting Public Comments on New Amendments of the Patent Law
Authored by He Jing (heijing@anjielaw.com) and Ms. Lyu Pei(lvpei@anjielaw.com) at Anjie Law Firm)
A recent Beijing IP Court decision on “weixin” (the Chinese name of WeChat) trademark has attracted wide discussion and debate in China. On March 11, the Beijing IP Court issued its first instance judgment on the dispute, affirming Trademark Review and Adjudication Board (TRAB)’s refusal to register the “weixin” trademark applied by Trunkbow Asia Pacific (Shandong) Co., Ltd. (“Trunkbow”). The court cited Art. 10.1.8 to rule that Trunkbow’s “weixin” mark, which has no bad faith intent, would have such “unhealthy influence” or “ill effect” as to the existing and stable market order and potentially lead to false recognition among the public. What is particularly noted by the trademark community is that the court believes that allowing the earlier-filed mark to be registered would harm the public interest. Continue Reading Chinese Judge Gives Special Consideration to Internet in Wechat Trademark Decision
Translated by Anjie Law Firm
Measures of the State Administrations for Industry and Commerce on the Prohibition of Abuse of Intellectual Property Rights for the Purpose of Eliminating or Restricting Competition.
Authored by He Jing (hejing@anjielaw.com) and Cao Hui (caohui@anjielaw.com) at AnJie Law Firm
Introduction
The Supreme People’s Court of the People’s Republic of China (“the SPC”) issued the Draft Judicial Interpretation on Application of Laws in Trial of Behavior Preservation Cases Involving Intellectual Property and Competition Disputes (“Draft JI”) on February 26, …
Authored by He Jing (hejing@anjielaw.com) at AnJie Law Firm
In August 2014, China Supreme People’s Court (“SPC”) released its proposal for public comments titled “Interpretations of the Supreme People’s Court on Certain Issues Concerning the Application of Law in the Trial of Patent Infringement Cases II” (“Part II”). It is a further development of SPC’s judicial interpretation on the trial of patent infringement cases. The first part of the interpretation has been implemented since January 1st 2010, and has been an important source of authority for lower courts to deal with patent infringement cases. This second part covers more aspects of the patent litigations and would likely produce significant impacts on patent litigation practice. Continue Reading The Draft Supreme Court Patent Trial Judicial Interpretation Expected to Streamline the Patent Litigation Procedures
Authored by He Jing (hejing@anjielaw.com) at AnJie Law Firm
On October 14th, the Supreme People’s Court (SPC) issued a draft judicial interpretation (JI) for public comment regarding judiciary review of decisions related to trademark examination and invalidation procedures. The deadline for submitting comments is November 15th.
The draft JI will be a fundamental piece to the new China trademark system as the new trademark law has been in effect as of May 2014. The draft JI intends to provide consistent standards of conducting judiciary reviews of decisions made by the China Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB) on trademark examination, invalidation, cancellation and other review procedures. The Beijing courts and CTMO/TRAB often have different opinions on some key trademark issues, such as how to deal with bad faith trademarks. Even the courts themselves are often seen to come up self-contradicting decisions. Continue Reading A Significant Step Made by the Supreme People’s Court Through the Draft Trademark Law Judicial Interpretation
Authored by He Jing (hejing@anjielaw.com) at AnJie Law Firm
The Beijing court authorities published 18 judge candidates for the newly established Beijing IP Court. This indicates a significant step towards the official launch of the new court. A week ago, the names of the president and two vice presidents of the new court were also published. People widely believe a strong judge leadership is in place for the Beijing specialized IP court.
After an expedited legislative process over the last nine months, China’s legislature passed a bill on August 31 announcing that three specialised IP courts are to open in Beijing, Shanghai and Guangzhou. The new courts are scheduled to open by the end of 2014. Now with the appointment of the new judges, Beijing IP Court will officially take cases as early as November 6, 2014.
Authored by He Jing (hejing@anjielaw.com) at AnJie Law FIrm
On October 9, 2014, China’s Supreme People’s Court issued a new judicial interpretation regarding online infringement of personal rights. This judicial interpretation is intended to deal with the increasing problem of online defamation and unfair competition activities in China. The wide use of social media, such as microblogs and WeChat, has dramatically increased the risks of, and damages caused by, defamatory statements and illegal disclosures of privacy.Continue Reading Supreme People’s Court issues rules on online infringement of personal rights
Authored by He Jing (hejing@anjielaw.com) at AnJie Law Firm
After an expedited legislative process over the last 9 months, China’s legislature passed a bill on August 31 announcing that three specialized IP courts will open up in Beijing, Shanghai and Guangzhou. Supreme People’s Court is in charge of the actual operational details and has vowed to have these courts up and running by the end of 2014. All the three specialized IP courts will be intermediate-level courts, meaning that they will handle many cases as the court of first instance and the decisions may be appealed to provincial-level higher people’s courts. Continue Reading Analysis of the New Specialized Courts in China
