China Releases Interpretation of the Measures Regarding the Regulation of Patent Applications That May Prevent Some IP Holding Companies from Successfully Prosecuting Patent Applications

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

The China National Intellectual Property Administration (CNIPA) released the “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法) on March 11, 2021.  China is continuing the transition from quantity to quality in patent applications and one method is to reject ‘abnormal’ or ‘irregular’ patent applications as defined in the Measures. These measures and the concurrent elimination of monetary incentives for patent filings should decrease the total number of applications filed in China as quality increases.  CNIPA itself is budgeting a potential …

China’s State Administration for Market Regulation Releases 2021 Legislative Work Plan

Posted on Categories New Law, Rule or Implementing Regulation, Patents, Trade Secrets, Trademarks, Unfair Competition

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.

Guangdong Higher People’s Court Ups Damages 10X on Appeal in Trademark Infringement Case for Lego Bricks

Posted on Categories Case, Trademarks

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

Posted on Categories Case, Copyright, Trademarks

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 …