Under Armour Defeats Uncle Martian at China’s Supreme People’s Court in Trademark Battle

Posted on Categories Case, Trademarks

In a decision dated July 17, 2020, China’s Supreme People’s Court ruled for Under Armour, Inc. against Fujian Tingfeilong Sporting Goods Co., Ltd. (福建省廷飞龙体育用品有限公司) for trademark infringement and unfair competition. Under Armour was founded in 1996 and as of 2018 had almost $5 billion USD in annual revenue selling sportswear, such as clothing and running shoes.  In contrast, Tingfeilong launched the brand “Uncle Martian” in 2016 in China also in the sportswear field. As can be seen below, the Uncle …

China Releases Patent Filing Data for First Half of 2020 Showing Full Recovery from Coronavirus-Induced Drop

Posted on Categories Patents, Trademarks

In a press conference on July 9, 2020, the China National Intellectual Property Administration (CNIPA) released high-level patent filing data for the first half of 2020. Highlights included 683 thousand invention patents filed, 217 thousand invention patents grants, and 29 thousand Patent Cooperation Treaty (PCT) applications were filed.  The number of Chinese invention patent applications now slightly exceed 2019 year on year (649,129 invention patent applications were filed in H1 2019) showing full recovery from the prior drop in filings …

China’s State Administration for Market Regulation Releases National Plan to Combat Intellectual Property Infringement

Posted on Categories Copyright, Patents, Trademarks, Unfair Competition

On June 5, 2020 China’s State Administration for Market Regulation (SAMR), which regulates market competition, monopolies, intellectual property, and drug safety, released a national plan to combat intellectual property infringement.  The plan is officially entitled “Key Points of the National Work to Crack Down on Intellectual Property Infringement and the Production and Sale of Counterfeit and Inferior Commodities in 2020.”  The plan lists 35 points in 6 areas covering trademark, patent, copyright, and trade secret protection and makes special emphasis …

China’s New Civil Code Includes Punitive Damages in Intentional Intellectual Property Infringement

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

The Third Session of the 13th National People’s Congress (NPC) voted and passed the “Civil Code of the People’s Republic of China” on May 28, 2020. This law will come into effect on January 1, 2021.  While referred to by the Chinese press as the Encyclopedia of Social Life, the new Civil Law includes many provisions related to intellectual property (IP).  At first read, the most striking IP provision is for punitive damages for intentional infringement, which will be potentially …