Category Archives: Intellectual Property

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Improper Use of Commercial Signs — Proposed Revisions to Article 5 of the PRC Anti-Unfair Competition Law

On February 25, 2016, The State Counsel Legislative Affairs Office (“SCLAO”) released a draft amendment (“Draft Amendment”) of the PRC Anti-Unfair Competition Law (“AUCL”) for comment by industry and other stakeholders.  Article 5 of the 1993 AUCL provides the basis for claims against Business Operators for unfair trade practices involving the misuse and misappropriation of … Continue Reading

Recent Developments in Recordal Procedures for Trademark Licenses in China

On August 26, 2015, the Trademark Office of The State Administration For Industry & Commerce of the People’s Republic of China (“TMO”) issued revised guidelines entitled Applications for Recordal of Licenses of Registered Trademarks, Recordal of Licensor/Licensee Name Change, Recordal of Early Termination of Trademark Licenses and Recordal of Withdrawal of Trademark Licenses (“2015 Guidelines”). … Continue Reading

China Court Ruled Infringement for Ambush Marketing in Film Industry

The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a particular event without paying any sponsorship/license fee. As more and more film producers are engaging such marketing strategies to promote their films over recent years in … Continue Reading

Comments on Recent Changes to the Trademark Law of the People’s Republic of China

A revision to the Trademark Law of the People’s Republic of China (“Trademark Law”) was adopted at the 4th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China on August 30, 2013. The revised Trademark Law will come into effect on May 1, 2014. This latest version, … Continue Reading

Beijing Higher People’s Court Clarifies Usage of Consent Letters to Overcome Trademark Rejections in the PRC

While the PRC Trademark Law and Implementing Regulations provide no real guidance on how or whether consent letters can be used to overcome trademark application rejections on relative grounds, in recent years, the TRAB has accepted such letters to support arguments that a rejected trademark should be registered on appeal. There has, however, been very … Continue Reading

SIPO’s Draft Measures on Service Invention

By Harris Gao  On November 12, the State Intellectual Property Office (SIPO) released the Draft Measures on Service Invention《职务发明条例草案(征求意见稿)》(the “Draft Measures”) for public comments. Generally speaking, the Draft Measures enhance the rights of employee inventors, but create some uncertainty for employers.… Continue Reading

China Revamps Its Outdated Copyright Pledges System

The State Copyright Bureau recently released a new set of copyright pledges registration rules to replace its current system. The "Measures for Registration of Copyright Pledges" (the "Measures") will become effective on January 1, 2011. Copyrights, like other property rights, can be pledged as a financial security. China has not updated its current copyright pledges registration … Continue Reading

Patent Exhaustion Doctrine in China

Article 69 of the current PRC Patent Law (the “Law”) established the “Patent Exhaustion Doctrine,” providing: “None of the following shall be deemed an infringement upon a patent right: (1) using, promising to sell, selling or importing any patented product or product directly obtained through a patented process after such product is sold by the … Continue Reading

Opinions of the Supreme People’s Court on Several Issues Relating to Trials of Administrative Cases Concerning the Grant and Confirmation of Trademark Rights

The Trademark Law of the People’s Republic of China (1982) has gone through two major amendments in the past two decades. The latest amendment was adopted on October 27, 2001. On April 20, 2010, the Supreme Court of the People’s Republic of China issued the Opinions of the Supreme People’s Court on Several Issues Relating … Continue Reading

Is Law Enough for Regulating P2P Technology?

On December 8, 2009, the largest Bit Torrent (“BT”) download base, BTChina, was shut down by the State Administration of Radio, Film, and Television (“SARFT”) for “lack of Certificate”. SARFT explained that the regulation of Internet audio-visual services is a long-term project. Until the site resolves its piracy issue it can not be re-opened. According to a … Continue Reading

Protect Your Internationalized Domain Names

At the 36th Annual Meeting of the Internet Corporation for Assigned Names and Numbers ("ICANN") on October 30, 2009, the ICANN board finally approved the new Internationalized Domain Name ("IDN") Fast Track Process. IDNs have been a topic of discussion since before ICANN’s inception. It has taken years of intense technical testing, policy development, and … Continue Reading

China’s New Patent Law Effective October 1, 2009

On December 27, 2008, China’s top legislature (the National People’s Congress) approved the revision of the Patent Law. It became effective on October 1, 2009. The law was promulgated in 1984 and had previously been revised in 1992 and 2000. The first amendment added pharmaceutical compositions to the list of patentable items and introduced China’s … Continue Reading

426,000 Patent Applications Filed in China During First Half of 2009

The Chinese government’s emphasis on boosting innovation might be proving fruitful. According to the latest statistics from the State Intellectual Property Office (“SIPO”), the government entity responsible for prosecuting patents, there were 426,000 patent applications filed and 252,000 patents granted in China during the first half of 2009. Compared with the first half of 2008, patent filings … Continue Reading

Online Games and Virtual Property

Online games are big business in China and they’re only getting bigger. The China Annual Game Industry Report 2007 underlines the explosive growth in this industry. As of 2007, the online game user population reached 40,170,000 and has rapidly expanded since then. As the market for online games has increased, so too has the market … Continue Reading

The Rise of Virtual Currency in China

Today, virtual currency trading is widely accepted in China.  Billions of RMB in virtual currency is being traded online, and this amount increases by 20% every year.  There are two major types of virtual currency.  The first type of virtual currency is offered by instant messaging and portal-based issuers.  Examples of such currency include Q … Continue Reading

SPC Released 100 Typical Cases of IPR Protection

On November 17, 2008, the Supreme People’s Court (“SPC”) released the “100 Typical Cases of Intellectual Property Right (‘IPR’) Protection” (the “100 Cases”).  The SPC hopes that these cases reflect improvement in China’s judicial protection of China IPR.  The SPC deems these "100 Cases" as “model cases”.  The "100 Cases" consist of 50 SPC cases … Continue Reading
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