Region: China

The agreement reinforces the relationship the pair have already established and is another demonstration of the power of such programmes to offer transaction efficiency, as well as pricing transparency

28 September 2023

Featured in Inside China’s IP Market: a Guide 2024

How to determine compensation amounts and effectively protect rights holders’ interests is a critical point of concern. It is therefore vital to analyse patent infringement litigation cases that have awarded high compensation and which kinds of claims and evidence have been well received by Chinese courts.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

The courts in China generally maintain in foreign-related OEM cases that affixing a trademark to a product should be deemed as use and that there is also a possibility of confusion. While some manufacturers have successfully defended themselves against claims of infringement, the cost is often high.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

Shenzhen, the Zhejiang and Jiangsu provinces and Beijing have enacted data IP registration-related legal documents, responding to calls for the establishment of a data property rights system. Beijing’s efforts highlight it as a pilot area for national data IP work.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

While the Trademark Law allows for parties to petition against a mark’s registration, it remains challenging for foreign companies to prove that a registered trademark should be invalidated, as collecting evidence of prior use and influence in China, as well as to show another party's bad faith, is becoming increasingly hard.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

Brand monetisation is an inevitable necessity for companies to enhance their core competitiveness and achieve innovative management. It is therefore imperative to explore the main ways to monetise a brand under China’s current legal environment.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

Consumers have grown accustomed to purchasing goods and services through various online channels, and these new e-commerce models have made IP rights infringement even more widespread. This is presenting fresh challenges in brand protection, evidence collection, enforcement models and legal applications.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

It is not uncommon to see office actions alleging that the claimed invention lacks inventive step on the grounds that the distinguishing feature is common knowledge. While difficult to overcome because of strong subjectivity, using an effective strategy can provide a way forward.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

Trademark squatting has many forms. If a trademark is registered by your distributor or partner, there is still a chance that the trademark can be retrieved.

27 September 2023

Featured in Inside China’s IP Market: a Guide 2024

Recent Supreme People’s Court judgments attempt to answer the questions of what kinds of security measures are accepted as commensurate, what the underlying theories are behind the word ‘commensurate’, and what aspects rights holders should pay attention to when adopting security measures.

27 September 2023