On September 16, 2022, the European Patent Office (EPO) and China’s National Intellectual Property Administration (CNIPA) issued a joint communiqué extending a pilot program that enables Chinese Patent Cooperation Treaty (PCT) applicants to select the EPO as International Search Authority (ISA). The pilot program was originally scheduled to end later this year but will be extended for another year until November 30, 2023 for up to a further 3,000 applications.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
Shanghai Intellectual Property Court: Continued Trademark Infringement After Notice Can Lead to Punitive Damages
The Shanghai Intellectual Property Court affirmed a lower court’s judgement awarding Huayi Brothers (华谊兄弟公司) punitive damages for trademark infringement since the defendant, Huayi Cinema Era (某时代华谊影城), continued infringing after being put on notice via a cease and desist letter. The Shanghai IP Court also affirmed an injunction and a requirement for Huayi Cinema Era to change its name.
Christian Louboutin Wins at Beijing IP Court in Red Sole Unfair Competition Case
On September 9, 2022, the Beijing IP Court announced it had ruled in favor of Christian Louboutin against Guangdong Wanlima Industrial Co., Ltd. (广东万里马实业股份有限公司) in an unfair competition case involving red soled shoes. Louboutin was awarded 5 million RMB and an injunction. Louboutin sued at the Beijing Intellectual Property Court claiming Wanlima was selling women’s shoes with the same red sole online and in department stores thereby violating the Anti-Unfair Competition Law. Anti-Unfair Competition suits are becoming a valuable enforcement …
USPTO Issues Yet Another Show Cause Order Against a Chinese Firm for Fraudulent TM Filings
Update: This article has been updated to include a public response issued by respondent Shenzhen Seller Growth Network Technology Co., Ltd. In a show cause order dated September 7, 2022, the United Stated Patent & Trademark Office (USPTO) accused Shenzhen Seller Growth Network Technology Co., Ltd, et al. of “unauthorized practice before the USPTO in trademark matters and providing false, fictitious, or fraudulent information in trademark submissions with the intent to circumvent these rules.” The order requires Respondents to show …