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Region: Asia-Pacific

IP enforcement through China Customs

Featured in China: Managing the IP Lifecycle 2023

Customs has taken special action in recent years to strengthen the protection of IP rights, focusing on targeted protection in certain industries, transportation channels and circulation links.

02 November 2022

Registering 3D Marks in China

Featured in China: Managing the IP Lifecycle 2023

Conventional 2D trademarks that are deemed indistinct can obtain distinctiveness with the addition of unique features. For instance, a mark containing the single letter ‘M’ in plain form is deemed to be indistinctive; however, if the letter is sufficiently stylised, such as in the case of the golden arches symbol of McDonald’s, it can obtain distinctiveness. It has, therefore, been debated whether 3D marks in similar situations can be treated similarly. The laws governing the issue have evolved over time in China.

02 November 2022

Reward and remuneration for service inventions

Featured in China: Managing the IP Lifecycle 2023

Reward has nothing to do with whether the invention-creation has been exploited and the economic benefit obtained therefrom; the employee-inventor has the right to request a reward once the patent right is granted. In contrast, remuneration is related to the exploitation of and the economic benefit derived from the invention-creation. For service inventions, the inventor shall neither be denied a reward because they have been remunerated, nor shall they be denied remuneration because they have been rewarded.

02 November 2022

Administrative IP protection in China

Featured in China: Managing the IP Lifecycle 2023

Strengthening IP protection has become a main focus in China. With the increasing frequency of IP rights infringements, the question of how best to protect IP rights has become a concern that many rights holders are considering.

02 November 2022

Punitive damages in IP infringement cases

Featured in China: Managing the IP Lifecycle 2023

After six years of judicial practice, the punitive damages clause in the Trademark Law was revised to one to five times the actual damages in 2019 from one to three times the actual damages in 2013. In the same year, the Anti-Unfair Competition Law was also introduced for the first time, with the same range of one to five times. In the Trademark Law and the Anti-Unfair Competition Law, the conditions for applying punitive damages are the same: malicious infringement and serious circumstances.

02 November 2022

Lessons from the case law of China’s IP appeals court

Featured in China: Managing the IP Lifecycle 2023

In China, there is no US-style discovery procedure, and the burden of proof is almost completely on the plaintiff in IP litigation. To establish the case, the plaintiff must provide evidence to prove the accused infringing acts, as well as related physical products and materials to support damages.

02 November 2022

Translating and protecting brands in the Chinese market

Featured in China: Managing the IP Lifecycle 2023

If a foreign brand does not have a corresponding Chinese brand name or is popular in the Chinese market but does not have a Chinese name, consumers may proactively give the brand a nickname that they think is fun according to the foreign language pronunciation or composition of the foreign brand name. However, the nickname may have a negative meaning or elements of ridicule and humour, which may damage the brand image.

02 November 2022

IP issues in outsourcing in China

Featured in China: Managing the IP Lifecycle 2023

The most significant advantages of outsourcing are time and cost savings; however, any negligence or lack of preparation in respect of intellectual property in outsourcing may backfire and result in losses in the marketplace in addition to time and money.

02 November 2022

Joint strategies for patent infringement and invalidation proceedings

Featured in China: Managing the IP Lifecycle 2023

Since patent invalidation and infringement proceedings are closely related to and affect each other, patentees must consider the two proceedings jointly to obtain a desired result of rights protection. The positions in both proceedings must be consistent.

02 November 2022

Understanding design patent protection

Featured in China: Managing the IP Lifecycle 2023

According to the Patent Law, ‘design’ refers to the whole or a part of a product; any new design of the shape, the pattern or their combination of a product; or the combination of the colour with the shape or pattern of a product that has high aesthetic appeal and is fit for industrial application.

02 November 2022