14
Aug
2020
@IAM_magazine RT @AaricE: I've written on the same subject but not with the rigor @msabatti brings. His is a just devastating critique of this problem. A… Read more
Industry Reports - More Updates
China
Wanhuida Intellectual Property
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12 Aug2020
L’Oréal counterfeit case is shining example of how to bring a case to court
The 2019 ruling in a case pertaining to counterfeit L’Oréal products serves as a model for distinguishing between the prime culprits and accessories, and applying penalties accordingly. Full text
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22 Jul2020
Case sheds light on assessing the inventiveness of solving a technical problem
In April 2020 the IP Court of the Supreme People’s Court in 2019 chose Judgment (2019) Zui Gao Fa Zhi Xing Zhong No 32 as exemplary for its significance in clarifying the level of description required for a technical problem and its solution in an assessment of inventiveness. Full text
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8 Jul2020
Supreme Court clarification on hybrid technical features chosen as exemplary case
The Supreme People’s Court has selected as an exemplary case a 2019 ruling in which the IP Tribunal clarified that if a technical feature defines or implies a specific structure of an invention solution, it is not a functional feature in principle, even though it defines a function (or effect) that it can achieve. The ruling is expected to help establish a unified jurisprudence on ascertaining functional features in patent infringement lawsuits in China. Full text
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1 Jul2020
Supreme People’s Court denies trademark infringement in bad-faith lawsuit against Michael Kors
The Supreme People’s Court has confirmed previous judgments to dismiss an infringement claim initiated by a Chinese trademark owner against the world-famous brand Michael Kors, finding that the case had been filed in bad faith. Full text
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17 Jun2020
Design space must be considered when determining similarity of designs
Article 23 of China’s Patent Law provides that a design must significantly differ from prior designs in order to be patented – any design that is substantially similar will be denied. The similarity between a design patent and a prior design is ascertained from the perspective of an ordinary consumer with regard to the specific category of product that incorporates the design patent. Full text
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10 Jun2020
Article 4 of the new Trademark Law fights against bad-faith filings
The fourth amendment to China’s Trademark Law came into force on 1 November 2019. Article 4 now states that a "trademark filed in bad faith without intention to use shall be rejected”. This modification is also mentioned in Article 44.1, which provides that any mark registered in violation of Article 4 or by fraudulent or unfair means will be declared invalid. Full text
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27 May2020
Stores’ unauthorised use of trademarks on signboards requires clarification
Foreign brand owners in China are becoming increasingly concerned about stores using their trademarks on signboards without permission. This is complicated by the fact that these shops are selling genuine goods that are the result of parallel imports. Full text
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20 May2020
Supreme People’s Court ruling on Christian Dior 3D mark selected as a guiding case
The Judicial Committee of China’s Supreme People’s Court has listed the ruling on the Christian Dior 3D trademark of 26 April 2018 as Guiding Case 114. The judgment overturned the decisions of the Trademark Review and Adjudication Board, the Beijing IP Court and the Beijing High Court, which had refused the registration of Christian Dior’s 3D trademark. The Supreme People’s Court ruling will therefore be binding on Chinese courts. Full text
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13 May2020
CNIPA’s latest patent practice and 2020 patent objectives
A rundown of the China National Intellectual Property Administration's most recent patent filing statistics and what the office is planning for the rest of 2020. Full text
