Webinar Tuesday, May 18, 2021 Time: 2:00 PM CT Cost: Free Western fashion brands have been immensely successful in China. However, with success comes the risk of imitation, and imitation may not always feel flattering: It could involve counterfeiters, squatters and hijackers. In this webinar, we’ll talk about Chinese intellectual property laws relevant to Western fashion brands and Chinese enforcement mechanisms. We’ll also discuss recent cases of Western fashion brands litigating in China to register and enforce their intellectual property rights, …
China’s National Intellectual Property Administration Releases Draft Amendments to Several Provisions Regarding the Regulation of Patent Applications
On May 6, 2021, China’s National Intellectual Property Administration (CNIPA) released Draft Amendments to Several Provisions Regarding the Regulation of Patent Applications for comment (关于规范申请专利行为的若干规定修改草案（征求意见稿)). The Amendments aim to supplement and improve the definition of irregular (i.e., low-quality) patent applications; to clearly stipulate the examination procedures for irregular patent applications; and to update and improve the relevant handling measures for irregular patent applications. Note that Article 3(5) may limit the ability of IP-holding companies to file Chinese patent applications depending …
China’s National Intellectual Property Administration Releases Top 10 Cases of Administrative Trademark Adjudication
On April 26, 2021, China’s National Intellectual Property Administration (CNIPA) released released the Top Ten Cases of Administrative Trademark Adjudication (2020年度商标行政保护十大典型案例). Administrative adjudication in China is an alternative to conventional civil litigation and can be quicker and less expensive than litigation. That said, generally only fines and injunctions are issued in administrative enforcement actions. Those seeking damages should file a litigation at a People’s Court instead or in addition.
China’s National Intellectual Property Administration Releases Top Ten Cases of Administrative Patent Enforcement
On April 26, 2021, China’s National Intellectual Property Administration (CNIPA) released released the Top Ten Cases of Administrative Patent Enforcement (2020年度专利行政保护十大典型案例). Administrative enforcement in China is an alternative to conventional civil litigation and can be quicker and less expensive than litigation. That said, generally only fines and injunctions are issued in administrative enforcement actions. Those seeking damages should file a litigation at a People’s Court instead or in addition. Case #5 below is of particular interest since it seems to …