Guest Post: 1st CNIPA important patent infringement administrative decision

Posted on Categories Patents

This is a guest post by Toby Mak, Senior Counsel and Patent Attorney at Tee & Howe. It was reported in October 2021 that the China National Intellectual Property Administration (CNIPA) accepted the first two patent infringement administrative complaints according to the Chinese Patent Law (2020), which empowers the CNIPA to accept such cases if they have nationwide influence. Now the first decision was issued by the CNIPA on 27 July 2022, and is available here (Chinese only).  The subject …

NY Attorney Suspended for Filing Over 18,000 U.S. Trademark Applications for Chinese Agents Without Proper Review

Posted on Categories Trademarks

In a Final Order (Proceeding No. D2022-16) released July 12, 2022, a New York attorney was suspended from practice for filing approximately 18,300 U.S. trademark applications for Chinese agents without proper review.  Specifically, “due to the volume of applications he filed, Respondent did not always conduct a sufficiently thorough review of trademark applications prior to filing, including, for example, not performing an inquiry reasonable under the circumstances to determine whether the specimens showed the marks as used in commerce or …

Even the Chinese Government isn’t Safe from Counterfeiters: China Cracks Down on Counterfeit Mail Trucks

Posted on Categories Case, Trademarks

According to an announcement  (胜诉!中国邮政邮车打假维权成功!) by the China Post on July 25, 2022 the Dongcheng District People’s Court in Beijing recently ruled that a defendant’s behavior constituted trademark infringement and supported all the claims of China Post with respect to infringing mail trucks.  The trucks used visually similar marks to those registered by China Post presumably to enjoy preferential traffic and parking policies available to mail trucks in Beijing.

Chinese Customs Announces a Batch of Typical Cases of Intellectual Property Infringement

Posted on Categories Case, Copyright, Patents, Trademarks

On July 25, 2022, the General Administration of Customs of the People’s Republic of China released a notice entitled “Batch of Typical Cases of Intellectual Property Infringement” (一批侵犯知识产权典型案例) involving the protection of intellectual property rights including trademarks, copyrights and patents, etc. that involved both Chinese and foreign rights holders. Rightsholders included Samsung, BMW, Hasbro, Timberland, and others.  Per Chinese Customs, 45.27 million infringing goods were seized in two special law enforcement actions including “Longteng Action 2022” and “Blue Net Action …