Key Amendments of New Chinese Trademark Law 2013

Key Amendments of New Chinese Trademark Law 2013

On August 30, 2013, China National People’s Congress enacted the amended Chinese Trademark Law, and the new Chinese Trademark Law shall come into effect as of May 1, 2014. The current Chinese Trademark Law was enacted in 1982 and amended in 1993 and 2001 respectively. The first amendment in 1993 is mainly to accommodate China’s […]

New Trademark Law Adopted

New Trademark Law Adopted

On August 30.2013  China’s National People’s Congress passed the “Decision on Revising the Trademark Law of the People’s Republic of China”, which adopts the third amendment to the country’s Trademark Law. The Decision has made 53 revisions to the current Trademark Law in the following five areas: Adding provisions regarding the trademark review period; Improving […]

Trademarks boom in 2012

Trademarks boom in 2012

“BY THE END OF 2012, CUMULATIVE TRADEMARK APPLICATIONS IN CHINA REACHED 11.3 MILLION. THERE WERE 7.6 MILLION TRADEMARK REGISTRATIONS OF WHICH 6.4 MILLION REMAIN VALID.” The China Trademark Office and China Trademark Review and Adjudication Board have published the Annual Development Report on China’s Trademark Strategy 2012 and made both Chinese and  English versions downloadable […]

China to Release New Patent Examination Guideline

China to Release New Patent Examination Guideline

BEIJING – The State Intellectual Property Office (SIPO) has recently released a revised proposal of the “Patent Examination Guideline” related to the examination process of utility model and design patent applications, in order to enhance the quality of patents in China. The current version of the Guideline which was put into effect three years ago […]

Keep creating, keep innovating – the Message to The Next Generation from Director General of WIPO Francis Gurry

Keep creating, keep innovating – the Message to The Next Generation from Director General of WIPO Francis Gurry

This year theme of World Intellectual Property Day April 26, is “Creativity – The Next Generation” Nowadays mankind creates and develops in a very dynamic and exciting pace. Life sciences together with the new technologies generate a great potential for development. They are transforming the way we live, communicate, heal, entertain, work or study. “What […]

Copyright protection in China: Part II

Copyright protection in China: Part II

This article is the concluding follow-up to Part I which can be found in the previous edition of IP Insight. Part I described what can be protected as copyright and why taking care to do so can prove beneficial to your business in China and this second instilment outlines how copyright ownership is determined, how […]

Copyright protection in China: Part I

Copyright protection in China: Part I

Copyright is a form of intellectual property (IP) that protects a creator’s exclusive right to control who reproduces or alters the product of their original creative effort. Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Adequate copyright protection can form an […]

The Chinese State Council Revises Copyright Rules

The Chinese State Council Revises Copyright Rules

State Council recently issued the decision on modifying the Copyright Law Implementation Regulations, Regulations for the Protection of Information Network Transmission Rights, Protection of Computer Software Regulations, strengthening the administrative sanctions on infringements against copyright. Anyone who provides others’ works through the network shall have to obtain permission otherwise will be punished by the law. […]

Using Customs to Protect Your IPR in China: Know Before You Go

Using Customs to Protect Your IPR in China: Know Before You Go

The Customs Law of the People’s Republic of China prohibits the export or import of goods from or to China that infringe IP rights. Whereas most countries’ customs only examine imported goods, China differs in that its customs examine goods being imported and exported. China Customs have the authority to protect IP rights by confiscating […]

SIPO and EPO Officially Start Patent Document Chinese-English Machine Translation Service

SIPO and EPO Officially Start Patent Document Chinese-English Machine Translation Service

On December 6, the State Intellectual Property Office (SIPO) and the European Patent Office (EPO) officially kick-started the patent Chinese-English machine translation service in Brussels, capital city of Belgium. Tian Lipu, Commissioner of the SIPO and Benoît Battistelli, President of the EPO, jointly attended the opening ceremony. Tian said the service, as a successful example […]

China Tops Global Invention Patent Filings

China Tops Global Invention Patent Filings

On December 11, WIPO released a World Intellectual Property Indicators 2012 in Geneva. The report shows that while the global economy continued to underperform, intellectual property (IP) filings worldwide kept growing strongly in 2011. According to the report, China received 526,000 invention patent applications, up 34.5%. China has surpassed the U.S. to become the largest […]

Bad-Faith Trade Mark Registrations in China

Bad-Faith Trade Mark Registrations in China

Prior trade mark registrations, also called ‘bad-faith registrations’, are a significant problem that many European companies encounter in China. This process commonly involves a Chinese company first registering the trade mark of a foreign company in China with the express intention of selling it back to the foreign company at an inflated price. Finding out […]

Prada Blocks "MIU MIU" Wedding Dress

Prada Blocks “MIU MIU” Wedding Dress

Well-known Italian luxury brand Prada Limited Company (Prada) recently won a trademark lawsuit at the first instance by citing the relevant rights of its sub-brand “MIU MIU” in China. The court held that the trademark “Miu Miu” the natural person Chen filed on wedding dress constitutes similarity with the three trademarks referenced by Prada. The […]

Shanghai Court Legally Protects French Hennessy' Name and Trademarks

Shanghai Court Legally Protects French Hennessy’ Name and Trademarks

French Hennessy, a well-known brandy manufacturer, recently prevails in a trademark dispute. Shanghai No.1 Intermediate People’s Court rules that the co-defendants, Hebei Changli Jinhai Wine Company, Shanghai Guangli Trade Company, Li Guofei, Guo Ziruo, commit infringement and unfair competition. In 1995, French Hennessy set up an office in Beijing and started business in China with […]

Patent Applications and R&D Spending in China up Sharply

Patent Applications and R&D Spending in China up Sharply

The number of invention patents applied for in China increased by more than 20 percent this year, exhibiting the fastest growth rate for that activity seen anywhere in the world, Tian Lipu, commissioner of the State Intellectual Property Office, said on Sunday. “Although the growth rate for this year is a bit lower than for […]