China’s National Intellectual Property Administration Issues Notice on Continuing to Severely Crack Down on Malicious Registration of Trademarks

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

On April 12, 2022, China National Intellectual Property Administration (CNIPA) issued the “Notice of the CNIPA on Continuing to Severely Crack Down on Malicious Registration of Trademarks” (国家知识产权局关于持续严厉打击商标恶意注册行为的通知). Among the highlights of the Notice include the listing of 10 illegal behaviors to be cracked down on and the elimination of awards or subsidies for trademark applications (including Madrid applications).  This follows earlier crackdowns such as the cancellation of maliciously registered Olympic-related trademarks ex officio in February.

China Releases Typical Cases of Judicial Protection of Personality Rights

Posted on Categories Case, Right of Publicity

On April 11, 2022, China’s Supreme People’s Court (SPC) released the Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code (民法典颁布后人格权司法保护典型民事案例). Although China is not a common law jurisdiction, the SPC often releases typical or guiding cases to assist trial courts in rendering decisions. The typical cases list 9, of which 3 may be of interest to foreign IP practitioners. Breach of personality rights, like unfair competition, can be a useful cause of …

China’s National Intellectual Property Administration Releases Second Batch of Guiding Cases of Administrative Enforcement

Posted on Categories Case, Design Patent, Patents, Trademarks

On March 31, 2022, the China National Intellectual Property Administration (CNIPA) issued the Second Batch of Guiding Cases for Administrative Enforcement of Intellectual Property Rights (第二批知识产权行政执法指导案例).  Administrative enforcement provides for a second avenue for enforcement of intellectual property rights in China in addition to civil litigation.  The Guiding Cases include 3 cases covering patent infringement, trademark infringement and design patent infringement.

China’s Supreme People’s Court: Patent Infringement Settlements Can Violate the Anti-Monopoly Law

Posted on Categories Case, Patents

In case (2021)最高法知民终1298号 recently highlighted by the Intellectual Property Tribunal of the Supreme People’s Court of China (SPC), the SPC ruled that a settlement agreement to a patent infringement lawsuit constituted a horizontal monopoly agreement as the scope the agreement was not substantially related to the scope of protection of the patent in question.