On July 19, 2021, China’s General Administration of Customs announced 11 typical cases of intellectual property infringement where they were able to seize infringing goods. The cases included both domestic and foreign brands as well as products bearing Olympic marks. The infringing goods included counterfeit Hugo Boss clothing; counterfeit L’Oreal, DIOR, Maybelline, MAC, Huda, and St. Ives cosmetics; and counterfeit Disney stickers among others.
China’s State Administration for Market Regulation Releases Typical Unfair Competition Case List
On July 16, 2021, the State Administration for Market Regulation (SAMR) published a Notice entitled “Innovating the way of popularizing the law, strengthening the case analysis activities of anti-unfair competition through case interpretation, and achieving good results” (创新普法方式 强化以案释法反不正当竞争案例解析活动取得良好效果). The Notice includes a list of ten typical anti-unfair competition administrative cases with comments, of which 4 are intellectual property related (trade secret and trademark). SAMR summaries and comments follow.
First Generic Declarations Published on China’s New Patent Linkage System
As of July 13, 2021, four generic declarations have been filed so far on China’s new patent linkage registration system. In compliance with the Phase One Trade Agreement, China implemented a patent linkage system in their amended patent law effective June 1, 2021. The Chinese patent linkage system prevents marketing approval of generic drugs until after the expiration of patents covering the drugs or uses. The 4 declarations are all from Chinese companies for drugs from Western companies including GlaxoSmithKline …
China’s National Intellectual Property Administration Implements Protection of Olympic & Paralympic Logos
In preparation for the upcoming Olympics, on July 8, 2021, the China National Intellectual Property Administration (CNIPA), in accordance with the relevant provisions of the “Regulations on the Protection of Olympic Symbols,” announced the protection of the “Olympic Five Rings Logo” and other symbols submitted by the International Olympic Committee in accordance with the law. The International Olympic Committee shall enjoy the exclusive rights to the above-mentioned symbols from the date of announcement for 10 years. Similarly, the “International Paralympic …