On April 1, 2021, China State Administration for Market Regulation (SAMR) released the 2021 legislative work plan (国家市场监督管理总局2021年立法工作计划), with 8 of the 61 matters related to intellectual property law. The 8 cover patent, trademark and trade secret matters including laws and administrative regulations and departmental rules.
Category: Trademarks
Guangdong Higher People’s Court Ups Damages 10X on Appeal in Trademark Infringement Case for Lego Bricks
On April 1, 2021, the Guangdong Higher People’s Court announced the awarding of 30 million RMB (~$4.7 million USD) to Lego on appeal, an increase from the original award of 3 million RMB. Late last year, the Shanghai Higher People’s Court also upheld a 6-year prison term for Lego infringers in a related case for copyright infringement. The Lego manufacturers, using the brand name Lepin (乐拼), include Guangdong Meizhi Zhijiao Technology Co., Ltd. , a related entity, and Shantou Zhilepin …
Bulgari (BVLGARI) Wins at Beijing’s Intellectual Property Court Invalidating Hijacker’s Serpenti Snake Head Trademark
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 …
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.