Trademark

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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…

 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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Authored by Mr. Zhao Kefeng (zhaokefeng@anjielaw.com) and Mr. Han Jinwen (hanjinwen@anjielaw.com) at Anjie Law Firm

In a recent trademark opposition case involving the famous film Kung Fu Panda , the Beijing  Higher  People’s Court  has confirmed that DreamWorks Animation SKG Inc had prior "merchandising rights"  in the name  of the film and refused

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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. Continue Reading Supreme People’s Court Attempting to Reinvigorate China IP Enforcement

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.  Continue Reading How Will the Trademark Law Amendment Change China Trademark Practice?