On the afternoon of October 16, 2023, China’s Supreme People’s Court released typical cases involving the protection of personality rights of private enterprises and private entrepreneurs and answered reporters’ questions. While the typical cases mostly relate to defamation, one relates to trademark registration of another’s name, which may be useful in invalidating trademark registrations of eponymous corporations made by squatters.
Category: Trademarks
China’s National Intellectual Property Administration Issues Draft Regulations on the Protection of Geographical Indication Products for Comment
On September 18, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Draft Regulations on the Protection of Geographical Indication Products for Comment (地理标志产品保护规定（征求意见稿)). The Draft moves the examination and approval process from the General Administration of Quality Supervision, Inspection and Quarantine to the CNIPA, introduces a good faith requirement and adds a detailed examination process.
China’s Supreme People’s Procuratorate Releases the 48th Batch of Guiding Cases Focusing on IP
On September 14, 2023, the Supreme People’s Procuratorate (SPP) released the 48th batch of guiding cases (关于印发最高人民检察院 第四十八批指导性案例的通知). This batch include 4 cases (Prosecution Cases No. 191-194) with the theme of “Comprehensive Procuratorial Protection of Intellectual Property Rights.” The cases yielded significant prison sentences for copyright infringement and false copyright litigation.
4-Year Prison Term and 1.8 Million RMB Fine for Counterfeiting Registered Trademarks of Western Cosmetics in China
In yet another tough criminal sentence for counterfeiting of registered trademarks, the People’s Court of Hecheng, Hunan, China sentenced He XX to a 4-year prison sentence and 1.8 million RMB fine for counterfeiting registered trademarks of Western cosmetic brands including Dior, Hermes, Lancome, and SK-II. Since December 2021, He XX purchased, at low prices, perfume, lipstick, face masks and other foreign-branded cosmetics from unknown sources. Without obtaining the permission of the aforesaid registered trademark owner, He XX instructed employees to …