Chinese Trademark Office Cracks Down on Malicious Filing of Coronavirus-Related Trademarks

Posted on Categories New Law, Rule or Implementing Regulation, Trademarks

In a notice dated February 27, 2020, the Chinese Trademark Office announced issuance of the Guidelines for the Examination of Epidemic Prevention and Control-Related Trademarks, which provides guidance on the examination of marks for the names of people involved in the epidemic, marks  related to the epidemic virus and disease, marks related to epidemic-related drugs, marks for  protective products (e.g., respirators), and other marks related to the epidemic.

Shanghai People’s Procuratorate Launches Criminal Prosecution of Lego Block Infringers

Posted on Categories Case, Copyright

On February 26, 2020, the Third Branch of the Shanghai People’s Procuratorate launched a criminal prosecution against Li Moumou (李某某) and nine others for copyright infringement of Lego toys. From September 11, 2017 to April 23, 2019, Li Moumou and others produced and sold 634 types of infringing products with a volume of 4.24 million boxes and generating revenue of more than 300 million yuan (about $42.6 million USD). On April 23, 2019, public security organs seized more than 600,000 …

Chinese Patent Filings Show Uptick in January 2020

Posted on Categories Patents

The China National Intellectual Property Administration (CNIPA) recently released January 2020 intellectual property  statistics. There were 165,000 invention patent applications filed; 301,000 utility model patent applications filed; and 67,000 design patents filed.  Annualized, the invention patent statistics would indicate a 41% increase over 2019, in which 1.401 million invention patent applications were filed. However, this uptick is unlikely to continue due to COVID-19 related business closures in February 2020. CNIPA also granted 28,000 invention patents; 126,000 utility model patents; and …

China’s Supreme Court Rules in Favor of Christian Louboutin’s Red Sole Trademark

Posted on Categories Case, Trademarks

In January 2020, China’s Supreme People’s Court (最高人民法院) ruled in favor of Christian Louboutin for her red sole trademark.  The Supreme People’s Court decision upholds an earlier decision from Beijing Higher People’s Court that ruled even though single color marks are not listed as eligible in Article 8 of the Chinese Trademark, Article 8 does not exclude marks not enumerated in Article 8.  Specifically, Article 8 lists  combinations of colors as eligible for application but does not list a single …