China’s State Administration for Market Regulation Releases Typical Unfair Competition Case List

Posted on Categories Trade Secrets, Trademarks, Unfair Competition

On July 16, 2021, the State Administration for Market Regulation (SAMR) published a Notice entitled “Innovating the way of popularizing the law, strengthening the case analysis activities of anti-unfair competition through case interpretation, and achieving good results” (创新普法方式 强化以案释法反不正当竞争案例解析活动取得良好效果). The Notice includes a list of ten typical anti-unfair competition administrative cases with comments, of which 4 are intellectual property related (trade secret and trademark).  SAMR summaries and comments follow.

First Generic Declarations Published on China’s New Patent Linkage System

Posted on Categories Patents

As of July 13, 2021, four generic declarations have been filed so far on China’s new patent linkage registration system.  In compliance with the Phase One Trade Agreement, China implemented a patent linkage system in their amended patent law effective June 1, 2021. The Chinese patent linkage system prevents marketing approval of generic drugs until after the expiration of patents covering the drugs or uses. The 4 declarations are all from Chinese companies for drugs from Western companies including GlaxoSmithKline …

China’s National Intellectual Property Administration Implements Protection of Olympic & Paralympic Logos

Posted on Categories Trademarks

In preparation for the upcoming Olympics, on July 8, 2021, the China National Intellectual Property Administration (CNIPA), in accordance with the relevant provisions of the “Regulations on the Protection of Olympic Symbols,”  announced the protection of  the “Olympic Five Rings Logo” and other symbols submitted by the International Olympic Committee in accordance with the law.  The International Olympic Committee shall enjoy the exclusive rights to the above-mentioned symbols from the date of announcement for 10 years. Similarly, the “International Paralympic …

Tackling Bad Faith Trademark Applications or Registrations in China

Posted on Categories Case, Trademarks

by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019  The relevant articles of the Trademark …