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China Intellectual Property Protection Trademark Infringement

Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

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Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

Hogan Lovells

China: New guidelines harmonizing the calculation of illegal business turnover in administrative trademark infringement cases

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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

Mayer Brown

Chinese IP Agency Sanctioned for Acting for Trademark Hijackers

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Brand owners in China continue to grapple with recurring problems of trademark squatting, hijacking, and infringement. Some malicious trademark agencies employ complex strategies to assist individuals or entities acting in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more

Hogan Lovells

Highlights of China’s Supreme Court’s new Interpretation on punitive damages in IP cases

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The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application....more

Hogan Lovells

Dust unsettled? China's Supreme Court refines OEM jurisprudence in ground-breaking Honda judgment.

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The Chinese Supreme People's Court ("SPC") recently handed down its latest judgment on whether Original Equipment Manufacturing ("OEM") may constitute trademark infringement in China. In its judgment, the SPC refines its...more

Hogan Lovells

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

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The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3...more

Ladas & Parry LLP

China Publishes New Regulations To Clarify Parts Of The New Trademark Laws Which Go Into Effect On December 1st

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On October 16, 2019, the China State Administration for Market Regulation released new interim regulations in relation to normalizing trademark application behaviors, which in part define and address the “malicious trademark...more

White & Case LLP

Recent Developments in IP Protection in China

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The National People’s Congress of China (NPC) adopted the new Foreign Investment Law (FIL) on March 15, 2019, with a view toward unifying and streamlining the foreign investment framework into China.  One of the main emphases...more

BakerHostetler

China: New Trademark Law Will Come Into Effect on Nov. 1, 2019

BakerHostetler on

On April 23, the Thirteenth Standing Committee of the National People’s Congress passed the fourth amendment to the Trademark Law of China. The new trademark law will come into effect Nov. 1, 2019. ...more

Ladas & Parry LLP

Amendments To China Trademark Law

Ladas & Parry LLP on

On April 23, 2019, the following amendments to the Trademark Law of the People’s Republic of China (PRC) were approved that should significantly help trademark owners defend their rights...more

Hogan Lovells

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

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On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more

Perkins Coie

China’s National Legislature Advances Changes to Trademark Law

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The Standing Committee of the National People’s Congress (NPC) announced amendments to the Trademark Law of the People’s Republic of China (PRC Trademark Law) on April 23, 2019. The amendments apply to six articles of the PRC...more

Knobbe Martens

Which Supreme Will Reign Supreme: "Legal Counterfeits" in China

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Supreme, the popular New York-based American streetwear brand, known by its iconic logo, was created by founder/CEO James Jebbia. Despite its highly successful brand recognition, the company (which operates under the...more

Hogan Lovells

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

Hogan Lovells on

Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more

Hogan Lovells

China Trademarks: 2018 Highlights & 2019 Forecast

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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

Hogan Lovells

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

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According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. ...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

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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

WilmerHale

Enforcing IP Rights In China: A Road Map For US Companies

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The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #2

China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more

Knobbe Martens

Seasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy

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Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more

Tarter Krinsky & Drogin LLP

Why Chinese Companies Need To Exercise Caution When Attending Trade Shows In The United States

Over the past few years, owners of U.S. patents and trademarks have used the appearance of Chinese companies at a trade show as infringement "traps." These patent owners have commenced infringement cases against Chinese...more

Baker Donelson

Checking in on China: Developments in Litigation and Policy and How They Impact Foreign Intellectual Property

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In the latter portion of 2017, announcements from both business and government have drawn renewed attention to the gradually increasing focus being paid by the Chinese government to protection of foreign intellectual property...more

Knobbe Martens

Catching Counterfeits: Customs Recordation and IP Enforcement

Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Hogan Lovells

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

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OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more

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