China’s Draft Measures for the Administration of Trademark Agencies Should Further Reduce Trademark Squatting

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

On September 24, 2020, the China National Intellectual Property Administration  (CNIPA) issued the Administrative Measures for Trademark Agencies (Draft for Comment) (商标代理管理办法 (征求意见稿)).  While the measures mostly address the management of Chinese trademark agencies, several articles in the measures will be beneficial to foreign brands that have been and continue to be at risk of trademark squatting in China.

China Issues Draft Provisions on the Protection of Geographical Indications

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

In follow up to the signing of an agreement with the European Union on Graphical Indications (GIs), on September 24, 2020, the China National Intellectual Property Administration (CNIPA) issued the Provisions on the Protection of Geographical Indications (Draft for Comment) (商标代理管理办法 (征求意见稿)).  GIs are, per the 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS),  “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a …

China’s Supreme People’s Court Releases Opinions on Increasing Sanctions for Intellectual Property Infringement

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Patents, Trade Secrets, Trademarks

The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law” (关于依法加大知识产权侵权行为惩治力度的意见)  on September 15, 2020. The opinions confirm the primacy of injunctions and potentially increases the amount of monetary damages typically awarded.  The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws.  Notably, the opinions amend Article 20 (now Article 15) from the draft opinions by removing a foreigner-targeted clause, …

China’s Threshold for Criminal Trade Secret Misappropriation to Drop to 300,000 RMB

Posted on Categories Trade Secrets, Trademarks

On September 13, 2020, China’s Supreme People’s Court and Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (3) (关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释(三)) effective September 14, 2020.  One of the key highlights in this Judicial Interpretation is the reduction in the threshold for criminal misappropriation of trade secrets.  Previously, the threshold was 500,000 RMB (~$73 thousand USD) and will now be 300,000 RMB.