On February 24, 2025, China’s National Intellectual Property Administration (CNIPA) announced that it rejected 63 trademark applications attempting to maliciously register DeepSeek and graphic. CNIPA stated that, “some agencies are suspected of providing illegal services, with obvious intentions of ‘riding the wave’ and seeking improper benefits. CNIPA resolutely cracked down on such malicious applications.”
Category: Trademarks
Michael Kors Scores 5 Million RMB Damages in Beijing Trademark and Unfair Competition Case
The Beijing Haidian Court announced on December 23, 2024 that it ruled for Michael Kors against three unnamed defendants. The Court awarded 5 million RMB for trademark infringement of the MK trademark, unfair competition, and reasonable expenses. The Court also awarded an injunction. No appeal was filed rendering the judgement final.
Guangdong High People’s Court: Design Protection Remains After Design Patent Expiration
In recent decision (2023)粤民终 4882 号 somewhat analogous to common law trade dress, China’s Guangdong High People’s Court affirmed that a design can still be protected under the Anti-Unfair Competition Law even after a corresponding design patent has expired. The Court held that the design of the Casio GA-110 series watches constitutes a product design with a certain influence that is protected by the Anti-Unfair Competition Law.
China’s CNIPA and SAMR Release Notice on Method for Calculating Illegal Business Turnover in Trademark Infringement Cases
On October 30, 2024, China’s National Intellectual Property Administration (CNIPA) and State Administration for Market Regulation (SAMR) jointly released the Notice on Method for Calculating Illegal Business Turnover (Volume) in Trademark Infringement Cases (商标侵权案件违法经营额计算办法). The Method will be used for calculating penalties outside of the judicial system in administrative enforcement. While administrative enforcement will not yield damages, the SAMR can levy high penalties that may work as effective deterrents. For example, the Shenzhen Municipal Administration for Market Regulation issued an …