The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on...more
On 31 December 2024, the China National Intellectual Property Administration (CNIPA) adopted the "Guidelines for Patent Applications for AI-Related Inventions (Trial Implementation)", aiming to shed light on the specific...more
CNIPA has recently significantly changed its approach to accepting non-use cancellation applications for registered trademarks, by requiring more comprehensive preliminary evidence. This means that applicants in such...more
The Guidelines’ clear and standardized method for calculating illegal business turnover, and the specific rules provided for a number of complex situations will make it easier and more transparent in practice for both brand...more
Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification...more
2/27/2019
/ China ,
Corporate Counsel ,
Cybersecurity ,
E-Commerce ,
Intellectual Property Protection ,
OEM ,
Supreme People's Court of China ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Squatting ,
Trademarks
On 4 January 2019, China’s National People’s Congress (NPC) released draft amendments to the Chinese patent law for public comments (English translation available upon request), proposing, among other issues...
...more
1/18/2019
/ Burden-Shifting ,
China ,
Design Patent ,
Intellectual Property Protection ,
Inventions ,
New Amendments ,
Patent Infringement ,
Patent Term Extensions ,
Patents ,
Pharmaceutical Patents ,
Regulatory Agenda ,
Regulatory Standards
On 5 December 2018, the latest draft of the Chinese Patent Law was presented to China’s State Council (i.e. the executive body of China’s central government) during a meeting chaired by Premier Li Keqiang (see here for a...more
In a recent judgment, China’s highest court, the Supreme People’s Court (“SPC”), dealt a significant blow to trademark squatters. The case is noteworthy for several reasons...more
On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court...more
11/9/2018
/ Administrative Proceedings ,
Appeals ,
Appellate Courts ,
China ,
Copyright ,
Infringement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jurisdiction ,
Patents ,
Supreme People's Court of China ,
Trademarks
According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. ...more
9/19/2018
/ China ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patents ,
SIPO ,
Trademark Infringement ,
Trademarks ,
Venue
China’s Supreme People’s Court (SPC) recently circulated its Draft “Provisions on Several Issues concerning the Adjudication of Administrative Cases on Granting and Affirming Patent Rights (I)”...more
8/17/2018
/ Administrative Review ,
China ,
Claim Construction ,
Design Patent ,
Life Sciences ,
Patent Examinations ,
Patent Validity ,
Patents ,
Regulatory Oversight ,
Regulatory Standards ,
Supreme People's Court of China
China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more
6/28/2018
/ Beverage Manufacturers ,
China ,
Copyright ,
Copyright Infringement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jaguar ,
Markush Grouping ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Plant Patents ,
Supreme People's Court of China ,
Trade Dress ,
Trademark Infringement ,
Trademark Squatting ,
Trademarks ,
Unfair Competition
Since November 2014, when the first IP courts were set up in Beijing, Shanghai and Guangzhou, China has been rapidly setting up new specialised IP tribunals throughout its vast hinterland. ...more
The results of the 2017 edition of China’s annual online piracy crackdown campaign, called the “Sword Net Action”, were recently published. As we announced earlier, the 2017 crackdown campaign promised to take a heavy hand...more
1/4/2018
/ China ,
Content Publishing ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
Digital Downloads ,
Digital Media ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Internet Streaming ,
Music Industry ,
On-Demand Services ,
Online Platforms ,
Photographs ,
Piracy ,
Regulatory Oversight ,
Software
In May 2016, the General Administration of Customs (“GAC”) and the Public Security Bureau (“PSB”) jointly uncovered large amounts of counterfeit automobile engine lubricants. The lubricants were first sold on e-commerce...more
10/23/2017
/ Automotive Industry ,
China ,
Counterfeit Goods Regulation ,
Counterfeiting ,
Customs ,
E-Commerce ,
GAC ,
Illegal Imports ,
Imports ,
Intellectual Property Protection ,
Risk Management ,
UK
China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword...more
8/7/2017
/ China ,
Copyright ,
Copyright Infringement ,
E-Commerce ,
Film Industry ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Mobile Apps ,
Music Industry ,
Online Platforms ,
Piracy ,
Social Networks