On April 1, 2021, the Beijing Intellectual Property Court announced a ruling in favor of Bulgari over a third party’s trademark registration of Bulgari’s Serpenti snake head design. The Court found that Liu’s registered Chinese trademark 15911982 for a snake head design infringed Bulgari’s copyright in the design, reversing the China National Intellectual Property Administration‘s (CNIPA) earlier ruling. This decision shows one useful approach to challenging trademark squatters and hijackers in China is to use copyright law when a design …
Author: Aaron Wininger
Aaron Wininger is a Senior Attorney and Director of China Intellectual Property at Schwegman Lundberg & Woessner.
China Releases Patent Office Budget Indicating Expected Potential Decline in Future Patent Application Filings as China Transitions from Quantity to Quality
On March 25, 2021, the China National Intellectual Property Administration (CNIPA) released their 2021 budget (国家知识产权局2021年部门预算). Part 3, Section 10 includes Performance Goals and Indicators for 2021 and mid-term from 2021 to 2023 indicating a potential drop in expected patent application filings. In 2021, CNIPA’s expecting a total of 3 million or more patent applications (combined invention patent application and utility model filings) and only 6 million or more over the three-year period of 2021 -2023 (an average of 2+ …
China Announces Special Action Plan to Combat Trademark Squatting
On March 24, 2021, the China National Intellectual Property Administration (CNIPA) issued a Notice announcing the Special Action Plan for Combating Malicious Trademark Squatting (打击商标恶意抢注行为专项行动方案). The goal of the plan is to “promote high-quality intellectual property rights and help create a good environment for innovation and business” explained CNIPA. The plan focuses on combating malicious registration/squatting trademarks for famous or newly famous names, places, events, and marks and identifies 10 prohibited behaviors.
China’s National Intellectual Property Administration Announces Continuation of the ‘Blue Sky’ Intellectual Property Industry Rectification Program
On March 12, 2021, the China National Intellectual Property Administration (CNIPA) issued the Notice of the CNIPA on the in-depth development of the “Blue Sky” special rectification action (国家知识产权局关于深入开展“蓝天”专项整治行动的通知). In early 2019, CNIPA launched the Blue Sky special rectification action to clean up the intellectual property industry including cracking down on irregular patent applications and soliciting business by improper means. The current Notice states that CNIPA will continue to carry out Blue Sky rectification actions this year addressing specific IP …