Decathlon Wins Almost 3 Million RMB in Chinese Trade Dress Dispute for Store Design
China IP Law Update
by Aaron Wininger
3d ago
As reported by 京法网事 , the Shijingshan People’s Court ruled in favor of Decathlon (Shanghai) Sports Goods Co., Ltd. in a trade dress dispute with a competing unnamed outdoor sports store involving store layout, decoration, logos, props, and other decorative elements.  Decathlon was awarded 2.94 million RMB in damages and 350 thousand RMB for expenses, an injunction to eliminate the impact of the unfair competition, and require the defendant to publish a statement in the China Intellectual Property News for ... The post Decathlon Wins Almost 3 Million RMB in Chinese Trade Dress Dispute for ..read more
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The Office of the United States Trade Representative Releases 2022 Review of Notorious Markets for Counterfeiting and Piracy Naming 6 Chinese Online Markets
China IP Law Update
by Aaron Wininger
6d ago
On January 31, 2023, the Office of the United States Trade Representative (USTR) released the findings of its 2022 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List).  The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy. The List named 6 Chinese online markets including AliExpress, Baidu Wangpan, DHgate, Pinduoduo, Taobao and the WeChat ecosystem.  The List states that while Taobao has made significant improvements, ... The post The Office ..read more
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China’s Supreme People’s Court & Supreme People’s Procuratorate Release Draft Interpretation of Handling Criminal Cases of Intellectual Property Infringement
China IP Law Update
by Aaron Wininger
2w ago
On January 18, 2023 China’s Supreme People’s Court and China’s Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (Draft for comments) (关于办理侵犯知识产权刑事案件适用法律若干问题的解释(征求意见稿)).  The Interpretation mainly sets thresholds for determining criminal prosecution, e.g., when there are “serious circumstances” in trademark infringement.  The Interpretation will replace earlier Interpretations including the 2020 Interpretation. Article 213 of the Amended Criminal Law reads: Us ..read more
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China’s National Intellectual Property Administration Issues Draft Amendment to the Trademark Law for Comment to Reduce Malicious Trademark Registration
China IP Law Update
by Aaron Wininger
3w ago
On January 13, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Draft Amendment to the Trademark Law of the People’s Republic of China (Draft for Comment) (中华人民共和国商标法修订草案(征求意见稿)).  The Draft expands the Trademark Law to 10 chapters and 101 articles. Among them, 23 new articles were added, 6 new articles were split from existing articles, 45 articles were substantially revised, and 27 existing articles were maintained.  Many of the amendments focus on reducing malicious registrations of trademarks and also introduces ... The post China’s National Intellec ..read more
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China’s National Intellectual Property Administration to Close from January 21, 2023 to January 27, 2023 for Lunar New Year
China IP Law Update
by Aaron Wininger
3w ago
China’s National Intellectual Property Administration (CNIPA) will be closed from January 21, 2023, Saturday, through January 27, 2023, Friday, for the Spring Festival Holiday (Lunar New Year).  Note that January 28, 2023, Saturday and January 29, 2023, Sunday will be working days in China. Trademark deadlines will only be extended to January 28, 2023 (NOT January 30, 2023) while patent deadlines will be extended to January 30, 2023. The post China’s National Intellectual Property Administration to Close from January 21, 2023 to January 27, 2023 for Lunar New Year appeared first on China ..read more
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China’s Supreme People’s Court Releases Second Batch of Typical Civil Code Cases Including Piercing the Corporate Veil in a Trademark/Unfair Competition Case
China IP Law Update
by Aaron Wininger
3w ago
January 12, 2023, China’s Supreme People’s Court released the Typical Cases of People’s Courts Implementing the Civil Code (Second Batch) (人民法院贯彻实施民法典典型案例(第二批)).  The Second Batch comprises 16 cases including one intellectual property case: Wenjian Co., Ltd. v. Suzhou Wenjian Company, a packaging company and Hua, personally (dispute over trademark infringement and unfair competition).  In this case, the Court  “pierced the corporate veil” in effect by holding Hua jointly and severally liable with the companies as he was the controlling shareholder and ... The post China’s Suprem ..read more
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5-Month Criminal Detention Sentence for Legal Representative of Chinese IP Agency for Forging TM Documents
China IP Law Update
by Aaron Wininger
1M ago
On January 5, 2023, the China National Intellectual Property Administration (CNIPA) announced an administrative penalty decision for a Chongqing, China intellectual property agency.  The IP Agency was retained to file trademark applications but instead of filing forged the “Notice of Acceptance of Trademark Registration Application” by modifying the applicant, application address, etc. to that of the client and then transmitted it to the client. The legal representative of the agency was sentenced to 5 months of criminal detention and fined ... The post 5-Month Criminal Detention Sentence ..read more
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Shanghai Third Intermediate People’s Court Affirms 3-Year Prison Sentence for Counterfeiting “Bordeaux” Collective Trademark
China IP Law Update
by Aaron Wininger
1M ago
On January 4, 2023, the Shanghai Third Intermediate People’s Court announced it affirmed a 3-year prison sentence and 100,000 RMB fine for Wang XX for crime of counterfeiting the registered collective trademark “Bordeaux.”  Yantai Wine Co., Ltd. was also fined 450,000 RMB. The defendants had appealed the original sentencing on the grounds that the wine involved in the case complied with national standards and did not endanger the health rights and interests of consumers and therefore Wang XX should receive ... The post Shanghai Third Intermediate People’s Court Affirms 3-Year Prison Sente ..read more
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China to Remove Infringing Pharmaceuticals from Procurement Platforms
China IP Law Update
by Aaron Wininger
1M ago
In the “Opinions of the China National Intellectual Property Administration (CNIPA) and the National Healthcare Security Administration (NHSA) on Strengthening the Protection of Intellectual Property Rights in the Field of Centralized Pharmaceutical Procurement” (国家知识产权局 国家医疗保障局关于加强医药集中采购领域知识产权保护的意见) released December 30, 2022, the CNIPA and the NHSA will coordinate to remove infringing pharmaceuticals listed on central procurement platforms. According to the Interpretation of the Opinions,  Articles 4 to 7 of the “Opinions” strengthen specific business cooperation in four aspects: establ ..read more
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China National Intellectual Property Administration: “The Proportion of Patentees Who Have Encountered Patent Infringement is at a Historically Low Level…Patent Infringement Has Been Effectively Curbed.”
China IP Law Update
by Aaron Wininger
1M ago
On December 28, 2022, the China National Intellectual Property Administration (CNIPA) held a press conference releasing the 2022 China Patent Survey Report (2022年中国专利调查报告) and 2022 China Intellectual Property Development Status Evaluation Report (2022年中国知识产权发展状况评价报告).  At the press conference, Mr. Ge Shu, Director of the Strategic Planning Department of the CNIPA, introduced the China Patent Survey, stating that it “aims to investigate and analyze the status of patent creation, protection and utilization in [China] and has been carried out for 15 consecutive ... The post China National In ..read more
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